A comparative study of the third objection to bankruptcy in the laws of Iran, Egypt and Algeria

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor, Faculty of Law, Shahid Beheshti University

2 PhD student of private law, Islamic Azad University, Semnan branch

10.48300/jlr.2023.394808.2333

Abstract

The issue of third party objection to the bankruptcy award is one of the important issues in the legal system of Iran. Fluctuation of prices and existence of inflation in the economy, economic sanctions and ambiguity in Acts and regulations are among the factors that cause the issue of real or virtual bankruptcy of businessmen in the court. Due to the fact that bankruptcy directly affects the rights of creditors and the amount of debt of the bankrupt businessman, in the laws of different countries, third-party objections to bankruptcy are foreseen and special regulations, rules and works have been established for this issue. The similarity of the deadline for third-party objection to bankruptcy in the laws of Iran, Egypt and Algeria implies that this type of protest is bound by the deadline and does not comply with the general provisions of the Civil Procedure Law.
In this paper, with a comparative study in the laws of Iran, Egypt and Algeria, the concept of a third-party objector in protesting bankruptcy, the formalities of filing and handling a third-party objection to bankruptcy and its effects, the deadline for filing a third party objection to the bankruptcy award, and ways to reduce the abuse of the deadline of third objection to bankruptcy is considered.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 05 August 2023

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