نوع مقاله : مقاله پژوهشی
استادیار، گروه حقوق، واحد هشتگرد، دانشگاه آزاد اسلامی، هشتگرد، ایران
عنوان مقاله [English]
The purpose of this research is a comparative study of the procedure governing bankruptcy in Iranian commercial law and English law. According to Article 415 of Iran's Commercial Law, filing a lawsuit in the bankruptcy of real businessmen and companies is not limited to their creditors, but the bankrupt himself can request the issuance of a bankruptcy order. However, in English law, suspended companies are not bankrupt, and the method equivalent to bankruptcy in their rights is their liquidation and liquidation. Bankruptcy regulations in the laws of that country, unlike the laws of Iran, are not only for businessmen, but also include non-businessmen and civil companies, and in this regard, there are different regulations between these two legal systems. On the other hand, the judicial authority (prosecutor or public prosecutor) can also request the bankruptcy order of the businessman from the competent court, if we consider the financial right as a right whose subject is property, then without doubt the bankruptcy case should be considered as a non-financial case, considering The result of filing a bankruptcy lawsuit is ultimately a change of description and title in the company's legal personality, which is reduced from a qualified legal person and as a result of issuing a judgment to a legally licensed legal person (liquidation manager), the lawsuit is considered non-financial.