الإفلاس الواقعي في التشريع الجزائري

Abstract EN

The civilizational development of mankind has gone through three historical stations, from an agricultural revolution that grew up in its ancient civilization, followed by an industrial revolution that had a profound reflection on the philosophy of law.

Human beings today live in the wake of the industrial revolution at the dawn of the knowledge revolution (the revolution of communications and information technology), characterized by the cement of compounds, the globalization and internationalization of transactions.

This development has had a very significant impact on the law in general, on the complementary relationship between its branches in particular, and trade law has not been prevented from that influence, as it is competent to regulate private relations concerning traders and their activities within the commercial environment.

The specificity of commercial transactions and their speed and credit have necessitated the consolidation of the bankruptcy regime, whose provisions are drawn from the trade law and the relevant laws, and in some cases the parallel coverage of the penal code has resulted in the criminal protection of the bankruptcy regime.