المسؤولية المدنية لإدارة شركة المساهمة المتسببة بإفلاس الشركة : دراسة مقارنة

Abstract EN

This research dealt with a very important topic, which is the responsibility of the members of the administrative bodies causing the bankruptcy of the joint stock company.

the competent authority, and we have clarified what is the legislation that governs the issue of bankruptcy at the present time, which is the fifth chapter of the repealed Iraqi trade law, with the exception of this chapter no.

149 of 1970 and the seventh chapter of this chapter is the ruling on the issue of corporate bankruptcy, and the articles related to the subject of our research are (721) and (722).

we also discussed the legal adaptation of the responsibility of the management members in the bankrupt company, and we also explained the civil liability of the members of the company’s administrative body, and that the decisions that led to the company’s bankruptcy were taken by the management member during his tenure of work in the company’s management.

through this research, we reached a set of results and recommendations, in the hope that the researchers after us will benefit in this matter, and we have concluded that the responsibility of the management members in the joint-stock company is based on the supposed default error that occurs on their part, and among the conditions stipulated by Iraqi law for the establishment of this responsibility, that a judgment is issued declaring the company’s bankruptcy, and thus our legislator has explicitly undermined the theory of actual bankruptcy.

likewise, the text of article (721) of the Iraqi trade law, regarding extending the company’s bankruptcy to other persons, came in the form of an application which suggests the permissibility of declaring the bankruptcy of these persons before declaring the company’s bankruptcy.

the aforementioned article also required a person to do two things together in order to extend the company’s bankruptcy to him, which are doing business in the name of the company and for his own account and disposing of the company’s money as if it were his own money.