bankruptcy option; Jurisprudential and legal redefinition of insolvency option

Document Type : Original Article

Authors

department of law

10.48308/jlr.2023.232274.2538

Abstract

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.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 15 November 2023

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History

  • Receive Date: 11 July 2023
  • Revise Date: 08 November 2023
  • Accept Date: 15 November 2023

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