وضعية الدائنين في إطار مسطرة الإنقاذ : دراسة على ضوء القانون رقم 73.17 و مستجدات العمل القضائي

الملخص EN

Entrepreneurship plays a key role in establishing economic construction, so we find that the Moroccan legislator has worked to introduce several reforms, in particular the areas related to the field of finance and business, the most prominent of which was the creation of the rescue procedure under Law No.

This is an emulation by the legislator of what is being implemented in comparative legislation, especially the French legislation, which created this procedure within the Code of Collective Procedures under Law No.: 05-845 issued on July 26, 2005.

Thus, the legislator followed the same approach as the French law, by betting on the development and strengthening of prevention measures with rescue and preventive measures of a judicial nature par excellence, because practical experience showed that most businesses do not resort to the judiciary unless they stop performing, which makes it impossible to help them, which is whatHe prompted the legislator to think about creating a bailout procedure because it includes effective measures, most notably early detection of difficulties before they lead to a halt in payments.

Accepting the opening of the rescue procedure results in the impact on the legal positions of the various parties dealing with the contracting, whether it comes to the procedures or the creditors, with the judiciary distinguishing in arranging these effects between the creditors whose debts arose before the procedure was opened, and the creditors whose debts arose after the court’s ruling in an attempt to encourage the creditorsSubsequent participants to contribute to the rescue of the troubled enterprise through its financing.