نظام غل يد المدين المفلس في القانون التجاري الجزائري

Abstract EN

The bankruptcy system is a collective method of implementation on the money of the bankrupt merchant, who stops paying his commercial debts on their due dates.

its rules and provisions aim to prevent the bankrupt merchant from harming the rights of his creditors, and to achieve equality between them.

his hand is tied up from managing his money and disposing of it, in order to protect the group of creditors from his actions harmful to them, and given that the debtor's liability is the general guarantee that secures for all creditors to obtain their rights.

declaring his bankruptcy, whether they are movables or real estate, material or moral.

it also deals with all the money and rights that the bankrupt acquires after declaring his bankruptcy, but there are funds that are outside the scope of the hand.

but there are funds that are outside the scope of the hand, and they are funds that do not accept seizure, as the rule stipulates that the actions that are issued by the bankrupt after his bankruptcy, and related to the money that he raises his hand from, are not executed and not used as evidence against the group of creditors, but there exceptions to the principle of hand-feeding, which is the right of the bankrupt debtor to carry out precautionary acts, as well as the right to sue in lawsuits related to his person.