Volume 24, Issue 1 (2020)
CLR 2020, 24(1): 59-86 |
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ramezani akerdi H, Issaei Tafreshi M. The role of bankruptcy law in maintaining bankrupt businesse enterprises (Study in Iranian and United State Law). CLR 2020; 24 (1) :59-86
URL: http://clr.modares.ac.ir/article-20-35735-en.html
URL: http://clr.modares.ac.ir/article-20-35735-en.html
1- Assistant Professor of Law Department, Imam Khomeini International University, Qazvin, Iran. , h.ramezani@soc.ikiu.ac.ir
2- Professor of Private law, Tarbiat Modares University, Tehran, Iran
2- Professor of Private law, Tarbiat Modares University, Tehran, Iran
Abstract: (3591 Views)
The financial crisis has always been a threat to businesses because of the political and economic problems, and the legislator has taken action to prevent this occurrence because the financial crisis of the firm deprives society of its benefits. In the event of a financial crisis and the governing of bankruptcy rule, the question is that what extent can these legal rules prevent the business from collapsing?
In response to this question, US and Iranian law were studied. In the United States as a country with a capitalist economic system, the legislature's primary goal is to support bankrupt and fresh start of the business. This goal has been considered in the reorganization and liquidation. To achieve this goal, it has been attempted not to shut down businesses enterprise prior to the reorganization and liquidation. In Iranian law, after the bankruptcy of an enterprise, the possibility of fresh start is very weak.
In response to this question, US and Iranian law were studied. In the United States as a country with a capitalist economic system, the legislature's primary goal is to support bankrupt and fresh start of the business. This goal has been considered in the reorganization and liquidation. To achieve this goal, it has been attempted not to shut down businesses enterprise prior to the reorganization and liquidation. In Iranian law, after the bankruptcy of an enterprise, the possibility of fresh start is very weak.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2019/08/18 | Accepted: 2020/04/22 | Published: 2020/06/19
Received: 2019/08/18 | Accepted: 2020/04/22 | Published: 2020/06/19
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