إعادة الهيكلة طبقا للقانون رقم 11 لسنة 2018 بشأن تنظيم إعادة الهيكلة و الصلح الواقي و الإفلاس : دراسة مقارنة مع بعض القوانين العربية

الملخص EN

Restructuring According to Law No.

11 of 2018 Regulating Restructuring, Protective Composition and Bankruptcy "A Comparative Study with Some Arab Laws"
Ibrahim Ahmed El-Bastawisi
Department of Private Law (Commercial), Faculty of Sharia and Law, Al-Azhar University, Tanta Branch, Tanta, Egypt.

Department of Law, Faculty of Sharia and Law, Al-Jouf University,
E-mail: dr_bastawesy@yahoo.

com
:
This study deals with a detailed explanation of the restructuring through Law No.

11 of 2018, explaining the nature of restructuring and its characteristics, then stating who has the right to apply for restructuring, how to submit it, its cases, and when the request is saved, then talking about mediation between the parties, then detailing the restructuring plan and how to implement it, and finally how to end it.

Finally, he outlined important recommendations regarding proposals to amend some provisions of Law No.

11 of 2018 regulating restructuring, protective composition and bankruptcy.

study Methodology
In this study, I relied on the descriptive analytical approach, through a detailed explanation of the restructuring by looking at the texts of the law, and the opinions of jurisprudence, discussing them, clarifying the most correct ones, and stating my point of view, if any.

research results
1.

Restructuring means procedures carried out under judicial supervision, which help the debtor out of the stage of financial turmoil or financial and administrative turmoil.

2.

The restructuring plan includes three requirements, the first is to reorganize the merchant's financial business, the second is to reorganize the merchant's administrative business, and the third is a statement of funding sources
3.

Do not restrain the debtor from managing his money
4.

The restructuring plan ends with its implementation, and it ends with a breach of it, or if it is not possible to implement it, or five years have passed since the start of implementation.

Recommendations
Small projects should not be deprived of restructuring, but with simpler procedures and lower costs than large projects.

The researcher proposes an amendment to some provisions of Law No.

11 of 2018 regulating restructuring, protective composition and bankruptcy.