, Bou Ali Sina University, Hamedan, Iran
Abstract: (8033 Views)
Abstract
Concerning the multinational companies activities in different countries, the main problem about their bankruptcy is the conflict of laws in countries that companies are domiciled in them or they have properties. As necessity of inspection of company bankruptcy claim is the determination of competence out, thus, it is supposed to set up county or competence conflicts before solving the conflict of laws within the legal framework.
Therefore, the unity (or universality) and plurality (or territoriality) theories and reasons of experts on this issue were analyzed, then efforts have been done for applying the unity or universality of bankruptcy were investigated. At the end, the legal competence of Iranian court for inspection of companies bankruptcy claims and issues of executive judgment were discussed.
The obtained results, however, showed that since the nature of bankruptcy necessitates the same judgment of the conflict of domestic laws of countries with unity and universality of bankruptcy, the way of solution must be searched in the conventional laws. Nevertheless, the bilateral or multilateral conventions are not enough for this purpose, there fore, it is necessary to regulate a universal convention by encouraging of more countries to join this convention.
Received: 2005/10/1 | Accepted: 2007/01/31 | Published: 2007/06/22