نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق ،دانشگاه پیام نور،تهران،ایران .
2 استادیار گروه حقوق دانشگاه ادیان و مذاهب اسلامی قم
3 استادیار گروه حقوق دانشگاه ادیان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Bankruptcy institution was removed from Iran's legal literature according to the Asar Law approved in 1313. The interpretation of the civil law articles in which the word bankruptcy is used is an undeniable necessity. Specifically, in Article 380 of the Civil Code, the status of the Tbilisi cucumber and its interpretation were disputed. Sometimes the promise to abolish the Tbilisi cucumber and the invalidity of Article 380 of the Civil Code has been emphasized, and sometimes the promise to the existence of the cucumber has been strengthened under the title of the cucumber. The question that is raised is that what is the interpretation of Article 380 of the Civil Code according to jurisprudence and legal documents after removing the institution of bankruptcy from the relevant laws? In this article, with the analytical descriptive method and among the reliable jurisprudential sources, we have found that the documents of the Tbilisi cucumber can be applied to the case of essar, and therefore we considered the existen. tcy option and when one of the parties becomes insolvent and it is one of thensidered as valid in addition to deferment aethe existence of bankruptcy option in case of non-payment of the price when the customer defaults is considered as one of the important reasons for bankruptcy option. This discovery and the creation of a option under the title of bankruptcy option as a great achievement helps to solve many court cases related to the issue of bankruptcy option.
کلیدواژهها [English]
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