The Law Applicable to the Implementation of the Judgment of International Bankruptcy
DOI:
https://doi.org/10.35246/jols.v37i2.562Keywords:
Applicable Law, Conflict of Laws, International BankruptcyAbstract
International bankruptcy is a legal system for those who take trade as a craft and stop performing their obligations of an international character as a result of a defect in their financial position. Legislative jurisdiction in cases of international bankruptcy is one of the most important topics of international bankruptcy by researching the position of national and comparative legislation by determining the applicable law such as the law of the court that hears the dispute or the law to which the attribution rule refers.
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References
First: Books
i. Bassem Muhammad Salih, 2015, Commercial Law, Section One, Maktabat Al-Sanhoury, Beirut.
ii. Abdel Moneim Zamzam, 2011, International Bankruptcy between International Private Law and International Trade, Dar Al-Nahdha Al-Arabiya, Cairo.
iii. Hafida Al-Sayed Haddad, 2014, Bankruptcy in Private International Law, Manshurat Al-halabi Al-huquqia, first edition.
iv. Mukhtar Bariri, 2001, Bankruptcy, Dar Al-Nahdha Al-Arabiya, Cairo, second edition.
v. Siraj Hussein Muhammad Abu Zaid, Bankruptcy in Private International Law.
vi. Abdel-Razzaq Al-Sanhoury, the mediator in explaining the civil law, part 8, Dar Al-Nahdha Al-Arabiya, Cairo.
vii. Muhammad Al-Sayed Arafa, 2008, Bankruptcy in Private International Law, Dar Al-Nahda Al-Arabiya, Cairo, 2nd Edition.
viii. Hisham Ali Sadiq, 1974, Conflict of Laws, Mansha’at al-Maaref, Alexandria, 3rd edition.
ix. Rabie Hussein Al-Ali, 2014, Bankruptcy in Private International Law, Manshurat Al-halabi Al-huquqia, Lebanon, 2014.
x. Mamdouh Abdel Karim Hafez, 1977, Private International Law according to Iraqi and Comparative Laws, 2nd Edition, Dar Al-Huriya, Baghdad.
xi. Hussain Fouad Moneim, 2009, Execution of Foreign Sentences in Iraq, Baghdad.
xii. Awni Muhammad Al-Fakhri, International Jurisdiction, Maktabat Al-Sabah, Baghdad.
xiii. Hassan Al-Hadawi, 1988, Private International Law, second edition, Matba't Al-Irshad, University of Baghdad.
xiv. Okasha Mohamed Abdel Aal, Civil and Commercial Procedures, Dar Al-Nahdha Al-Arabiya, Cairo.
xv. Mohsen Shafiq, 1954, Egyptian Commercial Law, Part Two, Matba't Dar Nashr Al-Thaqafa, Cairo, first edition.
Second: Research
i. Waleed Al-Saker, 2019, Division of Grievances, Research published in the Internet on the website sites.google.com.
ii. Basma Mohammed Nouri Kazim, Qais Al-Sharaira, 2020, Cross-border Commercial Bankruptcy and the Role of International Jurisdiction in Solving its Problem, Research Published in the Journal of Dinars, Volume 15, Irbid University.
iii. Enaya Abdel Hamid Thabet, 1992, Self or Non-Self-Interested, Rules of Securing Society, Egyptian Journal of Private International Law.
iv. Firas Karim Shaaban, Khairuddin Kazem Obaid, 2009, Conflict of international jurisdiction, research published in the investigator's Journal of Legal and Political Sciences, Issue One.
Third: Law
i. Iraqi Civil Law No. 40 of 1951.
ii. Iraqi Commercial Law No. 30 of 1984.
iii. Iraqi Foreign Judgments Implementation Law No. 30 of 1928.
iv. Egyptian Commercial Law No. 17 of 1990.
v. UNCITRAL Model Law on Cross-Border Insolvency with Guide to Legislation and Interpretation Part two.
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- 2023-01-04 (2)
- 2022-12-24 (1)
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