حماية حقوق الدائنين و المدين في عملية إعادة التنظيم المالي و هيكلة الشركات المتعثرة : دراسة في قانون الإفلاس الإماراتي لسنة 2016 و التشريع الفرنسي و الأمريكي

Abstract EN

This study deals with the protection of creditors and the debtor in accordance with the methods of saving and assisting troubled companies approved by the UAE Act of bankruptcy of 2016, as the legislator of the UAE in this law aimed to solve the difficulties faced by troubled companies and to protect them from bankruptcy and its negative consequences, This means raises problems about the extent of the protection afforded to the creditors compared to that afforded to the interests of the debtor, where legislator treated it with special care and subjected to special procedures differ from bankruptcy proceedings, and in particular through what he called financial reorganization and restructuring of companies and granting new finance or funding, the study highlighted the nature and mechanisms of saving or assisting companies and demonstrated the balance that could be achieved by these means between the rights of creditors and the debtor.