الصلح الواقي من الافلاس للشركات التجارية في ظل جائحة كورونا : القانون العراق و القانون العماني

Author

الراشدي، بسمان نواف فتحي

Source

مجلة الكوفة للعلوم القانونية و السياسية : مجلة علمية محكمة

Publisher

University of Kufa Faculty of Law

Publication Date

2021-03-31

Country of Publication

Iraq

No. of Pages

19

Main Subjects

Law

Topics

• Law
• Coronavirus
• Iraq
• Oman
• Corporations
• Bankruptcy

English Abstract

If the merchant ceases to pay his debts and becomes supervisor of bankruptcy, resort to searching for a way to avoid declaring his bankruptcy, and avoid the effects that result from bankruptcy.

As a consequence of the declaration of bankruptcy, the names of the merchants who have been declared bankrupt and have not regained their status, shall be included in a table affixed to the door of every court and in the public hall of all exchanges.

Inevitably, the judgment declaring bankruptcy and from the date of its issuance, the bankrupt relinquishes the bankruptcy agents to manage all his money, including the money that he may have during the period of bankruptcy, as the management of the bankrupt’s money is handed over to a major agent called the bankruptcy attorney, and the bankrupt may not sell any of his money And he cannot litigate before the judiciary except as an interfering in the lawsuits against which the bankruptcy attorneys are litigating.

The litigation is limited to the period of debts incurred by the bankrupt, and the judgment for the month of bankruptcy is recorded in the Land Registry, and from the date of this registration, a compulsory insurance in the interest of the creditors' bloc is created.

The court must order in its judgment in the month of bankruptcy to put seals, and it has the right at all times to compel the bankrupt to attend and arrest him, and in any case, the bankrupt may not move away from his home without the permission of the appointed judge.

This is in addition to the psychological and social consequences of bankruptcy, as bankruptcy is considered a disgrace to the merchant, as well as the economic effects that result from the declaration of bankruptcy, especially if the matter concerns a commercial establishment in which a large number of workers work, or that produces goods that affect the economy.

In addition, the number of bankruptcies has increased in a number of countries due to the virus pandemic

Data Type

Conference Papers

Record ID

BIM-1316452

• APA
• MLA
• AMA