جستجوی مقالات مرتبط با کلیدواژه « Bankruptcy » در نشریات گروه « علوم سیاسی »

The Middle East and North Africa (MENA) region has been bombarded with challenges beyond conflict, tension, and competition since 2011 up until now (2021). Even though this critical moment, or rather vicious cycle, has been analysed extensively, none of the studies have addressed the simultaneous challenges posed by "awakening" and the "COVID-19" pandemic, which have played a critical role in the regional crises. Therefore, this study sought to examine how the countries affected by these two waves have remained in the path of the weak, bankrupt, and failed states, and what lies ahead of them. This was a descriptive-analytical research study and the data was collected through secondary research, involving a review of library, documentary, and online sources. The research findings indicate that many of the MENA countries affected by the two waves of awakening and COVID-19 are still continuing on the path of weak, bankrupt, and failed states due to their failure to resolve internal challenges in the economic, social, cultural, political, and military sectors. These countries have fallen behind in terms of economic, health, and social developments and are weighed down by corruption and inefficiency, which means the adverse effects of these conditions will likely continue to exist in the coming decade or decades.

ding the right solutions to reduce bankruptcy cases is one of the most important issues in business law. The purpose of this article is to provide the Iranian legislature with appropriate solutions to reduce bankruptcy cases by comparatively examining the effects of the Arfaqi agreement between Iran and Egypt. By descriptive and analytical method and comparative study of the effects of the Arfaqi contract between Iran and Egypt, it was concluded that the Arfaqi contract in Iran is issued after the issuance of the bankruptcy order and due to the imposition of the bankruptcy title on the merchant, it is not a solution. However, in Egypt, in the latest legislative development in this country, the preventive pardon agreement has been recognized as peace. This type of contract is concluded between the trader and the creditors before the issuance of the bankruptcy order, and in practice is a barrier to declaring the trader bankrupt and prevents bankruptcy and its adverse consequences. The approval of this bill will be finalized as soon as possible.

The subject of this article is to examine the position of banks' helplessness warning model to neutralize or reduce the effects of financial and economic sanctions against Iran. Accordingly, the main question of the research is how the position of the timely warning model of banks' helplessness can reduce the effects of sanctions? The main hypothesis of the article is that the use of secret warning pattern indicators, CAMELS indicators and appropriate monitoring methods can reduce the effects of financial and banking sanctions. The results show that the banking system with the help of annual calculation of these indicators can predict financial distress and bankruptcy before it occurs and take the necessary measures to review the control of their collection and prevent bankruptcy. The real method of this article is descriptive-analytical.

The process of rebuilding and forming a bankruptcy rebuilding institution in legal systems is to help individuals and legal entities go bankrupt, which, by presenting a plan, prohibits the seizure of the debtor's property and helps him to continue his business activity to pay off debts. Given the positive effects that this institution will have on the economic system of countries, therefore, the explanation and analysis of approved laws in the field is important and necessary. This research intends to examine the laws related to bankruptcy and the formation of a reconstruction institution in the Iranian and American legal systems with a descriptive-analytical method and a comparative approach. Examining the approaches and process of presenting the reconstruction plan and also the effects of the bankruptcy reconstruction institution in the Iranian and American legal systems shows that the commonalities of the reconstruction institution in these two legal systems include: participation in substantive and formal conditions, sharing in contractual characteristics and effects and differences The institution of reconstruction in the two mentioned legal systems refers to the powers of creditors, how to supervise the legal authorities and determine specific deadlines in submitting the reconstruction plan, as well as how to protect the debtor and creditors in pursuing or preventing the prosecution of their claims.

There are two significant issues in a bankruptcy event, first the people who go bankrupt and then the stop component. Now, who is bankrupt and the concept of stopping is different in different countries. In the law of the Anglo-Saxon countries and the new law of France, there is no difference between a businessman and a non-businessman, and all persons are subject to bankruptcy. In Iranian law, only businessmen and commercial companies are subject to bankruptcy. But the concept of debt relief does not exist in any of these systems. However, determining the appropriate concept of the concept of stopping is very important. In this article, we are in a position to use descriptive and analytical methods to determine the policies of various legislators in explaining the concept of suspension and to reach a balanced view of it in a way that adds to the dynamism of the bankruptcy process. Bankruptcy has social consequences, including unemployment for workers.

Forgiveness is a moral principle that, like other moral rules, has permeated legal institutions. Accordingly, the “Arfaqi contract” is one of the most important institutions of commercial law in the matter of bankruptcy law, which is concluded between the debtor trader and the creditors. The subject of this contract was legally raised for the first time in Iranian law with the enactment of the Trade Law of 1311, which was in fact adapted from the 19th century French Trade Law. The mechanism of this contract can play an effective role in the prosperity of society's economy because society needs commercial and productive activities to meet the material needs of its people, and therefore the liquidation and dissolution of economic organizations can sometimes have adverse effects on society's economy at the macro level.  In the case of bankruptcy, the government's economic policies must be designed to effectively support businesses or key economic entities. “Arfaqi contract” is a conciliatory solution that prevents the commercial and economic death of the businessman, and saves him from extinction. This method of protection is for commercial law, and if the bankruptcy operation does not end in this way, there is no choice but to sell and divide the property of the bankrupt businessman, which is a general rule. Therefore, this contract is concluded and implemented between the debtor and the creditors with the aim of solving the problems of the trader, and continuing his activity and preserving all the rights of the creditors.

Adopting and implementing the strategy of "rehabilitation of bankrupt or exposed banks and financial and credit institutions" can have effects on the rights of shareholders and their creditors. The shareholders of the aforementioned banks and institutions may face effects on their property rights, including the loss of their financial and management rights, in the context of a bankruptcy crisis. The compatibility of the mentioned strategy with the general order (financial and economic of the country) has caused that the observance of public rights and interests is prioritized over the individual rights and interests of the shareholders assembly, and in other words, with the predominance of the "harmful rule" and "expedient rule" over the "rule of expediency" Taslat" and witness the impact of the restructuring strategy on the ownership and participation rights of the shareholders of the banks and institutions mentioned. The implementation of the restructuring strategy can temporarily suspend or permanently terminate all or some of the rights of shareholders and creditors of the aforementioned banks and institutions. In this article, the possible effects on the rights of the shareholders and creditors of the aforementioned banks and financial and credit institutions are investigated following the adoption and implementation of the restructuring strategy by the competent authorities, and the legal legitimacy of imposing such consequences on them is evaluated, and advantages of this strategy are evaluated. the amount of the permissible of change in the creditors' claims is explained by the competent authorities for the implementation of this strategy.