The Interest Considered to Criminalize Fraudulent Bankruptcy ــــ an Analytical Study in Iraqi Law

Authors

  • Lecturer Doctor Abdul Rahman Dakhil Nahi

DOI:

https://doi.org/10.35246/8k4e5667

Keywords:

Bankruptcy, Fraud, Creditors, Merchant, Commercial Environment, Commercial Confidence

Abstract

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

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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.

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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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Published

2024-06-15

How to Cite

Abdul Rahman Dakhil Nahi. 2024. “The Interest Considered to Criminalize Fraudulent Bankruptcy ــــ an Analytical Study in Iraqi Law”. Journal of Legal Sciences 39 (1): 355-87. https://doi.org/10.35246/8k4e5667.

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