النسوية الواقية من الإفلاس و النسوية الإدارية : دراسة تحليلية مقارنة بين نظام السعودية و القانون الإنجليزي

الملخص EN

The present paper undertakes a comparative analysis of the rules governing the Bankruptcy Avoidance Arrangements (BAA) under the Saudi Law and the Voluntary Arrangements (VA) under English Law.

The paper discusses the conditions, procedures and the legal effects of both the BAA and the VA.

The paper examines the legal implications of the opening of the BAA and the VA.

The effects of the court's ratification of the BAA is also addressed.

The paper discusses the implementation and the supervision of the BAA and the VA and how they can be challenged.

The study finds that there is a similarity between the BAA and the VA systems and they are aimed at achieving the same goal which is to protect the debtor from falling into bankruptcy.

The research demonstrates that there are ambiguous areas in the BAA system and hence there is a room for improvement.

The research points out the need to reconsider the conditions for accepting BAA to be in line with the rescue culture.

The paper suggested a regulatory reform in both the Bankruptcy Avoidance Settlement Law and its Implementing Regulations.