THE CONFLICT OF COMPETENCES IN THE BANKRUPTCY CLAIM OF MULTINATIONAL COMPANIES

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KARIM KASHI ARANI R.

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Journal Paper

Paper Information

Journal: MODARRES HUMAN SCIENCES Year:2007 | Volume:11 | Issue:2 (TOME 51) Page(s): 163-186

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Title

THE CONFLICT OF COMPETENCES IN THE BANKRUPTCY CLAIM OF MULTINATIONAL COMPANIES

Author(s)

KARIM KASHI ARANI R. | Issue Writer Certificate

Keywords

MULTINATIONAL COMPANYQ3

UNITY AND UNIVERSALITY BANKRUPTCYQ3

PLURALITY AND TERRITORIALITY BANKRUPTCYQ3

CONFLICT OF LAWSQ3

CONFLICT OF COMPETENCESQ3

Abstract

Concerning the MULTINATIONAL COMPANY’s 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, therefore, it is necessary to regulate a universal convention by encouraging of more countries to join this convention.

Cites

LEGAL PERSONALITY OF MULTINATIONAL CORPORATIONS AND ITS CONSEQUENCES

References

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APA: Copy

KARIM KASHI ARANI, R.. (2007). THE CONFLICT OF COMPETENCES IN THE BANKRUPTCY CLAIM OF MULTINATIONAL COMPANIES. MODARRES HUMAN SCIENCES, 11(2 (TOME 51)), 163-186. SID. https://sid.ir/paper/6813/en

Vancouver: Copy

KARIM KASHI ARANI R.. THE CONFLICT OF COMPETENCES IN THE BANKRUPTCY CLAIM OF MULTINATIONAL COMPANIES. MODARRES HUMAN SCIENCES[Internet]. 2007;11(2 (TOME 51)):163-186. Available from: https://sid.ir/paper/6813/en

IEEE: Copy

R. KARIM KASHI ARANI, “THE CONFLICT OF COMPETENCES IN THE BANKRUPTCY CLAIM OF MULTINATIONAL COMPANIES,” MODARRES HUMAN SCIENCES, vol. 11, no. 2 (TOME 51), pp. 163–186, 2007, [Online]. Available: https://sid.ir/paper/6813/en

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