The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Statutory intervention in legal acts of the insolvent merchant Investigation of the binding precedent (No.561)of the supreme court

Document Type : A critique of a binding decision of the Cassation Court

Author
samira soleymanzadeh
عضو هیات علمی
10.22034/analysis.2023.2008448.1054
Abstract
According to the binding precedent (No.561) of the Supreme Court's general board dated 18.6.1991, all executive and enforcement activities against the insolvent trader and also the transfer of his properties after the date of bankruptcy is void and null of right. In this paper, the author with a comparative perspective, investigates and surveys the legal nature and basis of the limitation and prohibition of the insolvent merchant in his transactions, and concludes that due to the substance of insolvency law, the payment and the transfer have an extensive concept which includes the executive and enforcement measures, as well. the mentioned interpretation which is considered in the binding precedent of the Supreme Court general board complies with the substance of bankruptcy regulations, the interests of the creditors, and the public order of the economic system and has positive effects on the process of liquidation.
Keywords: statutory intervention, legal measures, merchant, bankruptcy, insolvency, incapacity, payment.
Keywords
statutory intervention
legal measures
merchant
bankruptcy
insolvency
incapacity
payment