The Interest Considered to Criminalize Fraudulent Bankruptcy ــــ an Analytical Study in Iraqi Law
DOI:
https://doi.org/10.35246/8k4e5667Keywords:
Bankruptcy, Fraud, Creditors, Merchant, Commercial Environment, Commercial ConfidenceAbstract
The commercial business is the subject of many legal provisions، as legislation and jurisprudence have been concerned with determining everything related to this business and the duties imposed on those who practice it، among these legal provisions regarding commercial bankruptcy، especially those that are under fraudulent methods. Fraudulent commercial bankruptcy، despite the fact that at first glance it represents a harsh system in terms of the provisions and rules that it came up with، but the protection of commercial credit and work to perpetuate trust among dealers in the commercial environment prompted the Iraqi legislator to seek to identify the features of this system، which is characterized as a preventive system aimed at preserving the financial achieves deterrence in the category of criminalization (merchant) or commercial company the importance of research by reviewing and analyzing the jurisprudence and legal texts that have addressed the specter of commercial bankruptcy and the financial and administrative failure that affects the merchant and the extent of their response to the Iraqi legislative system، and the importance of research lies through exploring the ways that lead to these risks and their legal outlets and ways to address and activate the elements of predicting commercial bankruptcy.
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References
Arabic sources
First: Legal books
I. Ibn Manzur, Lisan al-Arab, vol. 4, without edition, Dar Sader, Beirut, 1999.
II. Abu Al-Hussein Ahmed bin Faris Al-Razi, Dictionary of Language Standards, 2nd edition, vol. 2, Dar Al-Kutub Al-Ilmiyyah, Beirut 2008.
III. Ahmed Awad Bilal, Principles of the Egyptian Penal Code - General Section, Dar Al Nahda Al Arabiya, Cairo.
IV. Ahmed Fathallah, Dictionary of Words by Laftah Al-Jaafari, Al-Madkhal Press, first edition, Dammam, 1995.
V. Ahmed Muhammad Al-Lawzi, Criminal Protection for Securities Trading, 1st edition, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2010.
VI. Akram Nashat Ibrahim, General Rules in Comparative Penal Code, 2nd edition, Al-Sanhouri Library, Baghdad, 2008.
VII. Bakri Youssef Bakri, Penal Code - General Section, 1st edition, Al-Wafa Legal Library, Alexandria, 2013.
VIII. Bentham, translated by Ahmed Fathi Sorour, Fundamentals of Laws, Part 1, Cairo, no date of publication.
IX. Jalal Tharwat, Crimes of Assault on Persons, Part 1, Dar Al-Maaref, Egypt, 1964.
X. Jamal al-Din Muhammad Makram al-Ansari, Ibn Manzur, Lisan al-Arab, vol. 3, Egyptian House for Authors and Publishing, Egypt, without publication date.
XI. Hassan Ali Al-Dhanoun, The General Theory of Obligations, Baghdad, 1976.
XII. Al-Hattab Al-Rawabti, Mawahib Al-Jalil Sharh Mukhtasar Khalil, Part 6, first edition, Dar Al-Kutub Al-Ilmiyya edition, Beirut, 1995.
XIII. Ramses Behnam, The General Theory of Criminal Law, 3rd edition, Manshaat Al-Ma’arif, Alexandria, 1997.
XIV. Samir Alia and Haitham Samir Alia, Mediator in Explanation of the Penal Code - General Section, Zain Legal Publications, Beirut.
XV. Abbas Al-Hassani and Amer Jawad Ali Al-Mubarak, Penal Code - General Section, Salman Al-Azami Press, Baghdad, 1968.
XVI. Abbas Al-Aboudi, Explanation of the Provisions of the Civil Procedure Law, Dar Al-Kutub for Printing and Publishing, Mosul, 2000.
XVII. Abdel Razzaq Ahmed Al-Sanhouri, Al-Wasit fi Sharh Al-Civil Law, Part 2, Egyptian Universities Publishing House Press, Cairo, 1965.
XVIII. Abdul Majeed Al-Hakim, Al-Mawjiz fi Sharh Al-Iraqi Civil Law, Part 2, Baghdad University Press, Baghdad, 1986.
XIX. Abdel Wahed Al-Alami, Explanation of Moroccan Criminal Law - General Section, Without Publishing House, 2007.
XX. Ali Abdul Qadir Al-Qahwaji, Explanation of the Penal Code - General Section, Al-Halabi Legal Publications, Beirut, Lebanon, 2002.
XXI. Al-Mutawali Saleh Al-Shaer, Definition of Crime and its Elements from a New Point of View, Dar Al-Kutub Al-Qanuni, Egypt, 2003.
XXII. Majeed Al-Anbaki, The Impact of Interest in Legislation, Part 1, Al-Nahrain University, no date of publication.
XXIII. Muhibb al-Din Abi al-Fayd al-Sayyid Muhammad Mortada al-Husseini al-Wasiti al-Zubaidi, Taj al-Arous min Jawahir al-Qamoos, vol. 2, Al-Khairiyat al-Mansha’ah Press, 1306 AH.
XXIV. Muhammad bin Abi Bakr Al-Razi, Mukhtar Al-Sahah, Lebanon Library, Beirut, 2007.
XXV. Muhammad bin Yaqoub bin Majd al-Din al-Fayrouzabadi, Al-Qamoos al-Muhit, 8th edition, without publishing house, 2005.
XXVI. Muhammad Saeed Ramadan Al-Bouti, Controls of Interest in Islamic Sharia, 1st edition, Umayyad Library, Damascus 1966.
XXVII. Muhammad Hani Farhat, The Theory of the Instigator of Crime in Lebanese and Comparative Law, 1st edition, Zein Law Publications, Beirut 2013.
XXVIII. Mahmoud Mahmoud Mustafa, Penal Code, General Section, 10th edition, Cairo, 1983.
XXIX. Mahmoud Naguib Hosni, Science of Punishment, without edition, Dar Al-Nahda Al-Arabiya, Cairo, 1967.
XXX. Mustafa Al-Awji, Criminal Liability in the Economic Corporation, Nofal Foundation, Beirut, 3rd edition, 1992.
XXXI. Mustafa Kamal Taha and Wael Anwar Bunduq, Principles of Bankruptcy, Dar Al-Fikr Al-Jami’i, 2005.
XXXII. Moawad Abdel Tawab, The Modernist in Commercial Judiciary, 3rd edition, Manshaet Al-Maaref, Alexandria, 1997.
XXXIII. Moawad Abdel Tawab, The Comprehensive Encyclopedia of Commercial Bankruptcy, Part 1, October Publishing, 2009.
XXXIV. Musa Fadel Al-Aboudi, Bankruptcy of Banks Due to Credit Risks, 1st edition, Dar Al-Diyaa Press, Al-Najaf Al-Ashraf, Iraq, 2011.
Second: Theses and dissertations
I. Faris Hamid Abdul Karim Al-Ajrash Al-Zubaidi, The Legal Standard, Master’s Thesis, College of Law, University of Baghdad 2002.
II. Muhammad Imad al-Din Safrani, Commercial Bankruptcy between the Unity of the Debtor and the Multiplicity of Creditors, Master’s thesis, Faculty of Law and Political Sciences - University of Kasdi Merbah Ouargla, Algeria, 2014.
III. Muhammad Mardan Ali Muhammad al-Bayati, The Considerable Interest in Criminalization, doctoral thesis, University of Mosul - College of Law, 2002.
Third: Legal research
I. Hassan Abdel Razzaq Jadoua, Economic Crimes, Ministry of Justice - Council of Justice, 1985.
II. Hassanein Ibrahim Saleh, The Idea of Interest in the Penal Code, research published in the National Criminal Journal, Volume 17, Issue 2, National Center for Social and Criminal Research, Cairo, 1974.
III. Adel Azer, The Concept of Legal Interest, Criminal Journal, Third Issue, 1972.
IV. Abdul-Jabbar Ali Muhammad, declaring the company’s bankruptcy and its legal effects in Iraqi law, research published in the Journal of the University College of Heritage, Issue 10, Baghdad, without date of publication.
V. Muhammad Shata Abu Saad, The discretionary power of the civil judge in light of flexible and rigid legal standards and rules, research published in the Modern Misr Magazine, without date of publication.
VI. Nusaybah Ibrahim Hamo, protecting commercial credit between civil insolvency and commercial bankruptcy, research published in Al-Rafidain Law Journal, Volume 10, Issue 38, College of Law - University of Mosul, 2008.
Foreign sources
I. LOUIS EDWARD LEVEENTHAL, the early history of bankruptcy law, University of Pennsylvania law review and American law register, vol 66, no 6, 1981.
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