CONSEQUENCES OF BANKRUPTCY JUDGMENT

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ROUSHAN M.; MOZAFARI MOSTAFA

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Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2010 | Volume:40 | Issue:SUPPLEMENT: 101 Page(s): 71-89

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Information Journal Paper

Title

CONSEQUENCES OF BANKRUPTCY JUDGMENT

Author(s)

ROUSHAN M. | MOZAFARI MOSTAFA | Issue Writer Certificate

Keywords

MERCHANTQ2

REHABILITATION.Q2

CAPACITYQ2

BANKRUPTQ2

INCAPACITYQ3

Abstract

Judgment of BANKRUPTcy leads to BANKRUPTcy of MERCHANT. Therefore, MERCHANT will be incapable and cannot possess in his asset. Various provisions can be found in commercial code, regarding contract’s of BANKRUPT MERCHANT, which is inconsistent with civil code. Article 423 has stipulated that trades of MERCHANT after BANKRUPTcy, in three cases will be void. This position is not consistent with civil code which implies that transactions which are against the benefit of MERCHANT is dependent on verification of debtors are invalid ones. The last step to remove INCAPACITY from BANKRUPT MERCHANT is REHABILITATION.of BANKRUPTcy. However REHABILITATION.of BANKRUPTcy of corporate is doubtful. Because of survival of juristic personality until at end of liquidation of a company and general interpretation of “any BANKRUPT MERCHANT”, REHABILITATION.of juristic personality is acceptable.

Cites

CRIMINAL RESPONSIBILITY FOR LEGAL PERSONS IN SETTLEMENT PERIOD

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APA: Copy

ROUSHAN, M., & MOZAFARI, MOSTAFA. (2010). CONSEQUENCES OF BANKRUPTCY JUDGMENT. PRIVATE LAW STUDIES, 40(SUPPLEMENT: 101), 71-89. SID. https://sid.ir/paper/124785/en

Vancouver: Copy

ROUSHAN M., MOZAFARI MOSTAFA. CONSEQUENCES OF BANKRUPTCY JUDGMENT. PRIVATE LAW STUDIES[Internet]. 2010;40(SUPPLEMENT: 101):71-89. Available from: https://sid.ir/paper/124785/en

IEEE: Copy

M. ROUSHAN, and MOSTAFA MOZAFARI, “CONSEQUENCES OF BANKRUPTCY JUDGMENT,” PRIVATE LAW STUDIES, vol. 40, no. SUPPLEMENT: 101, pp. 71–89, 2010, [Online]. Available: https://sid.ir/paper/124785/en

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