BREACH OF THE PRINCIPLES OF TRAIL AND LEGAL RULES IN INSOLVENCY ACTION

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FASIHIZADEH ALIREZA; ASADI SEYYED HOSEIN

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: PRIVATE LAW Year:2017 | Volume:6 | Issue:20 Page(s): 101-126

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Information Journal Paper

Title

BREACH OF THE PRINCIPLES OF TRAIL AND LEGAL RULES IN INSOLVENCY ACTION

Author(s)

FASIHIZADEH ALIREZA | ASADI SEYYED HOSEIN | Issue Writer Certificate

Keywords

INSOLVENCYQ2

TRAILQ2

LEGAL RULESQ2

JUDGMENTQ2

ACTIONQ1

Abstract

In Iranian law, the declaration of INSOLVENCY is treated as "INSOLVENCY ACTION". Thus, it is reasonable to expect that this ACTION complies with the principles of trial and the LEGAL RULES. The fact is that the non-compliance with the fundamental principles is a violation of JUDGMENT. However, by examining existing rules and regulation, it becomes clear that in INSOLVENCY ACTION proceedings and the decree of INSOLVENCY, many principles of trial and general LEGAL RULES are not abided by. After a brief introduction of the INSOLVENCY ACTION and its governing law, this paper examines the instances of legislator's ignorance and pertinent reasons. In the INSOLVENCY ACTION, the legislator has been renounced of the principles such as persons’ INSOLVENCY, financial claim disputes, correlation of permission to thing with permission to its concomitants, authority of res judicata, competence of court of domicile, and rules such as kinsman’s liability, privity of JUDGMENTs, the validity of the JUDGMENT and insolvent’s compliance with bankruptcy system.

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APA: Copy

FASIHIZADEH, ALIREZA, & ASADI, SEYYED HOSEIN. (2017). BREACH OF THE PRINCIPLES OF TRAIL AND LEGAL RULES IN INSOLVENCY ACTION. PRIVATE LAW, 6(20 ), 101-126. SID. https://sid.ir/paper/252667/en

Vancouver: Copy

FASIHIZADEH ALIREZA, ASADI SEYYED HOSEIN. BREACH OF THE PRINCIPLES OF TRAIL AND LEGAL RULES IN INSOLVENCY ACTION. PRIVATE LAW[Internet]. 2017;6(20 ):101-126. Available from: https://sid.ir/paper/252667/en

IEEE: Copy

ALIREZA FASIHIZADEH, and SEYYED HOSEIN ASADI, “BREACH OF THE PRINCIPLES OF TRAIL AND LEGAL RULES IN INSOLVENCY ACTION,” PRIVATE LAW, vol. 6, no. 20 , pp. 101–126, 2017, [Online]. Available: https://sid.ir/paper/252667/en

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