Comparative Study of Bankruptcy Objectives in International Law and Imami Jurisprudence

Document Type : Academicm and Research

Authors

1 Assistant Professor, Department of Law, Zand Higher Education Center, Shiraz

2 Assistant Professor of Meybod University

10.22091/csiw.2026.8688.2339

Abstract

Considering that bankruptcy rights have been established to protect the losses and restore the creditor's financial rights, but the international bankruptcy system, in some countries, such as with regard to the institution of reconstruction of enterprises, has sought to establish the position of business activity. Regardless of the transaction by the trader or non-trader, the same bankruptcy laws are implemented for both groups that according to the objectives and economic policy in the international community, there are different theories such as capitalist theory, market theory, creditors' transaction, risk division theory, the theory of restoration of values around the bankruptcy system, which the implementation of bankruptcy rights according to each of them has different results in the economic system and the trading system and market protection. Economic countries will have Among the theories of values restoration theory, it has more alignment and alignment with the institution of Aflas in Imamiyya jurisprudence because it considers mutual support for creditors and debtors.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 29 August 2026

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