A New Research on Debt Origination in Merchant Suspension Lawsuit

Document Type : Scientific Research

Authors

1 Ph.D. Student, Faculty of Law, International Qeshm Branch, Islamic Azad University, Qeshm, Iran.

2 Assistant Professor, Faculty of Law, University of Tehran, Tehran, Iran.

3 Assistant Professor, Faculty of Law, International Qeshm Branch, Islamic Azad University, Qeshm, Iran.

Abstract

The debt origination in the bankruptcy cases is one of the controversial issues among lawyers and this difference of opinion is also reflected in the decisions of the courts. Determining and recognizing the debt origination and examining its impact on bankruptcy case in correction of inadequacies and deficiencies and facilitating the quality of processes and finally issuing fair judgments by the courts and judicial procedure is fruitful and thus improves the quality of justice. The legal phenomenon of "debt payment suspension" is created due to economic factors, but has legal effects. Considering the scope and dimensions of inability to pay debts, two legal systems of bankruptcy and insolvency have been considered in Iranian legal system. In the institution of bankruptcy, the legislator has considered the economic realities more comparing to debt itself and in some cases, this issue has caused bankruptcy law to deviate from the general principles of law and civil law and even in cases where businessmen aren’t able to pay debts that are not commercial,, the law has obliged them to request for bankruptcy according to the provisions of the Commercial Law. The legislative path implies that the debt origination does not affect the bankruptcy case. Finally, we reach the goal that there is no separation between the merchant's assets and this opinion is strengthened that regardless of the type of debt origination that has been obtained, simply depriving the ability of merchant to pay the debt will result in bankruptcy.

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Main Subjects

References

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https://qavanin.ir/Law/PrintText/181332
https://rc.majlis.ir/fa/law/show/101610

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