نوع مقاله : مقاله پژوهشی
نویسنده
استادیار ، گروه حقوق، دانشکده علوم انسانی، دانشگاه آزاد واحد شهرقدس، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Preventive settlement agreement is one of the new institutions of bankruptcy law that aims to prevent the definitive cessation of the businessman, preserve the economic enterprise and create a balance between the interests of the debtor and creditors, and the legislator has moved from a purely liquidation-oriented approach to prevention and reconstruction of the financial institution. However, identifying and regulating the conditions for concluding a settlement agreement in different legal systems, including Iran, France and Egypt, has been accompanied by fundamental challenges and differences, and each legal system has foreseen a different framework for it in accordance with its legislative policies and legal foundations. Using a descriptive-analytical method and a comparative approach, this article examines the legal challenges of concluding a preventive settlement agreement in Iranian law and compares it with French and Egyptian law. In this regard, the most important challenges related to the substantive and formal conditions of concluding a contract, the role and limits of the will of the businessman and creditors, the extent and manner of intervention and supervision of the court, and the position of the preventive settlement agreement in the bankruptcy process in the three legal systems have been analyzed. The findings of the study show that modern French law, by adopting an active and preventive approach, effective court intervention, and institutional flexibility, has provided a more efficient framework for concluding a preventive settlement agreement. Egyptian law, although influenced by French law, still faces some implementation limitations in this area with a combination of traditional mechanisms and modern reforms. In contrast, Iranian law, with its predominant focus on post-suspension mechanisms, faces significant legislative and institutional challenges and shortcomings in concluding a preventive settlement agreement. The results of the present comparative study indicate that reviewing and strengthening this institution in Iranian law, by carefully utilizing the experiences of French and Egyptian law and by observing the principles of domestic law, can play an effective role in preventing bankruptcy and supporting the continuity of economic activities.
کلیدواژهها [English]
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