نوع مقاله : مقاله پژوهشی
نویسنده
استادیار حقوق، دانشگاه تهران. تهران. ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
According to the Supreme Court's ruling 155 dated1969/3/3, a bankrupt trader is exempt from paying delay damages. This ruling poses a threat to the rights of creditors, especially banks that provide loans to traders, and has faced serious criticisms as a result. In this research, the author employs a descriptive-analytical method to address the question of what the foundations of the exemption of bankrupt traders from paying delay damages are and what criticisms can be made against it. Traders typically obtain substantial loans from banks to secure the capital needed for their business activities. It is sometimes observed that these traders, after a long period of delaying payments, claim bankruptcy in order to utilize the provisions of the aforementioned unified ruling and avoid paying delay damages. The exemption of bankrupt traders from this liability creates a favorable environment for exploiting bankruptcy regulations. The findings of the research indicate that legal scholars and experts in commercial law have identified various foundations for this exemption, including: the maturation of creditors' debts, the principle of equality among creditors, the non-attribution of delay damages to the bankrupt, the prevention of prolonged liquidation processes, the inability of the bankrupt to pay damages, and the ethical concerns regarding the imposition of delay damages. All these points face criticisms, and it appears that the exemption of bankrupt traders from paying delay damages violates the principle of equality among creditors; because monetary creditors receive their debts without considering inflation, while non-monetary creditors receive their debts at
کلیدواژهها English