Document Type : Scientific research
Author
Department of Law, University of Isfahan
Abstract
With regard to the subject’s show up in Civil Code, Commercial Code and the Act on Manner of Enforcing Pecuniary Convictions, there are different views and ambiguities about the legal status of kinds of bankrupt’s fictitious and with conspiracy transactions. Insight in contents of the related articles of above Acts shows that from the Legislature’s view transactions are not fictitious unless otherwise is proved. Fictitious transactions whether concluded by bankrupt or not are null and void. Non-fictitious transactions are divided into two categories of with conspiracy and without conspiracy. In this connection too transactions are not with conspiracy unless otherwise is proved. Transactions with conspiracy would as well be null and void or revocable whether concluded by the bankrupt himself or not; as well whether the bankrupt has concluded these kinds of transactions before or after interruption of payments. But transactions without conspiracy are principally valid though according to Act on Manner of Enforcing Pecuniary Convictions they may result in punishment of the person transacted for evading debt or harming creditors. These kinds of transactions may exceptionally due to other causes become revocable or null and void. The legislature has ultimately chosen the method selected in the Commercial Code with a little difference to apply in all cases in the Act on Manner of Enforcing Pecuniary Convictions. In general, the Legislator, contrary to the expectations, has not adhered complete coordination between the causes of bankrupt’s transactions nullity and the causes of culpable bankruptcy.
Keywords
- Anvaripour, Mohsen. (1974) Bankruptcy in Iranian Law. Tehran: Babak Publications.
- Bennett, Frank. (2008) Bennett on Bankruptcy. Toronto: CCH Canadian Limited.
- Clancy, Noreen, and Stephen J. Carroll. (2007) Identifying Fraud, Abuse, and Error in Personal Bankruptcy Filings. Santa Monica, CA: RAND Corporation.
- Erfani, Mahmoud. (1987) Business Law - Bankruptcy of Companies and Traders. Volume 3. Tehran: Jahadedaneshgahi Publications.
- Eskini, Rabia. (1996) Trade law- bankruptcy and Liquidation. Tehran: Samt.
- Farahani, Mohammad Hossein Ghaem Magham. (1989) Trade Law - Bankruptcy and Liquidation. Tehran: University of Tehran Press.
- Fathi, Amir. (2006) "Transaction with the Intention of Evading Debt and Guaranteeing Its Implementation - Final episode." Dadresi 10, No. 59: 26-35.
- Gholizadeh, Ahad, and Ebrahim Rahbari. (2004) "Investigation of the Legal Status of Transactions with the Motive of Evading Debt." Journal of the Faculty of Administrative Sciences and Economics, University of Isfahan 16, No. 2: 101-123.
- Gholizadeh, Ahad. (2008) "Analysis of the Relationship between the Endowment’s Subject and the Endower and Its Effects before and after the Decline of Endowment in Civil Law of Iran." Articles and Reviews 41, No. 89:99-119.
- Hasani, Hassan. (2001) Trade Law. Tehran: Mizan.
- Izadifard, Ali Akbar, and Hossein Kaviar. (2010) "Transaction with the Intention of Evading Debt in Jurisprudence and Law." Quarterly Journal of Jurisprudence and Principles of Islamic Law 7, No. 22:31-49.
- Katebi, Hosseingholi. (1996) Trade Law. Tehran: Ganj Danesh.
- Lurger, Brigitta, and Wolfgang Faber. (2011) Principles of European Law - Acquisition and Loss of Ownership of Goods). Munich: Sellier. European Law Publishers.
- Maither, Lyndon. (2015) Canadian Bankruptcy/ Insolvency and Companies' Creditors Arrangement Law: Provisions, Precedents and Materials. Montreal: Mona Parsons Commemoration Project.
- Mohammadi, Jalil. (2007) Commercial Law. Tabriz: Foruzesh.
- Pedamon, Catherine. (2015) "Theory of Fraud in French Law: fraus omnia corrumpit - Old law, New opportunities?" In Research Handbook on International Financial Crime, by Barry Rider, 338-356. Cheltenham: Edward Elgar Publishing Limited.
- Prentice, D.D. (2012) "Death and Bankruptcy." In Chitty on Contracts: General Principles, by Joseph Chitty and H.G. Beale, 1519-1551. Glasgow: Sweet & Maxwell.
- Rasainia, Nasser. (2009) Trade Law. Tehran: Avaye Noor Publications.
- Rastin, Mansour. (1972) Commercial Law. Tehran: University of Tehran Press.
- Razani, Bahman. (2014) "Fictitous Transaction, Advocacy and Advocacy Transaction." Monthly Magazine of Kanun 54, No. 138 and 139: 19-41.
- Roshan, Mohammad, and Mostafa Mozafari. (2010) "Reviewing the Effects of Bankruptcy Verdict and Its Removal." Quarterly Journal of Law 40, No. 101: 71-89.
- Saberi, Hossein, and Hossein Halabian. (2013) "Redressing the Economic Rights of Creditors in Transactions with the Intention of Evading Debt." Encyclopedia of Economic Rights 20, No. 3: 24-54.
- Saqri, Mohammad. (1997) Commercial Law, Bankruptcy, Theoretical and Practical. Tehran: Joint Stock Company of Enteshaar.
- Shams, Abdullah. (2006) Civil Procedure. Volume 3. Tehran: Drock Publications.
- Sotoudeh, Hassan. (1971) Trade Law. Volume 4. Tehran: Dehkhoda Publications.
- Tabb, Charles Jordan. (2014) Law of Bankruptcy. New York: West Publishing Corporation.
- Tafreshi, Mohammad Issa. (1997) "The Effect of Bankruptcy Verdict on Bankrupt Trader Transactions According to the Principles and Bases of Civil Law." Modarres, No. 5: 54-74.
- Vaquer, Antoni. (2003) "From Revocation to Non-Opposability: Modern Developments of the Paulian Action." In Regional Private Laws Codification in Europe, by Hector MacQueen, Antoni Vaquer and Santiago Espiau, 199-218. Cambridge: Cambridge University Press.
- Vaquer, Antoni. (2007) "Traces of Paulian Action in Community Law." In New Features in Contract Law, by Reiner Schulze, 421-439. Munich: Sellier. European Law Publishers.
- Yeo, Victor, and Pauline Gan. (2016) "Insolvency Law in Singapore." In Inslolvency Law in East Asia, by Roman Tomasic, 375-425. London: Routledge.
- Zanganeh, Abdul Hamid Azami. (1974) Commercial Law. Tehran: Nameless.
)
Send comment about this article