تطور المفاهيم الخاصة بالإفلاس

Abstract EN

This study aims to clarify the basic concepts of bankruptcy, as most of legislations generally adopted the bankruptcy system, and took its strict principles in many times, over time this system itself became almost bankrupt.

For this reason, changing its concepts is required in addition todeveloping its characteristics, studying its causes and considering the financial position of those who fail to pay in good faith, given the general business climate requires flexibility and ease of treatment, and saving financially troubled institutions without declaring their bankruptcy.

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This development resulted in setting the project and its continuity as a priority rather than the collective rights of creditors.

This led to the emergence of a new concept that replaced the rigid and harsh concepts of bankruptcy, developing the bailout sustem and the principle of failure of payment which is the basic criterion for determining the financial position of the debtor.

Most of these concepts came as a result of the legislative reforms brought by the French legislator, adopted by various comparative legislations.

At the same time the Algerian legislator has not yet setfoot in the bankruptcy system that has proven its failure in facing the current economic problems, or the bailout system, which shows signs of success for all, especially in the economic recovery of the countries that have adopted it