A Comparative study of reorganization of economic businesses in the legal system of Japan and USA

Subject Areas : International Legal Research

mohsen nazemizadeh ¹ , mohammad reza pasban ² , ali radan jebely ³

1 - Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2 - Faculty of Law and Political Sciences of Allameh Tabatabai University of Tehran
3 - Law Department, Islamic Azad University of Khorasgan, Khorasgan

Received: 2023-02-13 Accepted : 2023-07-04 Published : 2024-09-21

Keywords: bankruptcy, Reorganization, Liquidation, Economic Business, Stay,

Abstract :

Field and Aims: In many developed countries with high risk of economic activities and probability bankruptcy of commercial companies, the reorganization laws are considered to precede the companies to continue their activity. In Iran, despite the much higher financial risks, no specific legal regulations have been formulated in the field of reorganization. Therefore, in the near future, the formulation of the institution of reorganization in the laws of our country is inevitable, and therefore, the comparative study of the reorganization of economic companies in the legal system of other countries can be a benchmark for the formulation of the aforementioned law in Iran. Method: The present research was carried out using a descriptive-analytical method. Finding and Conclusion: In this research, the comparative study of the reorganization of economic enterprises in the legal regime of Japan and America is discussed in order to provide a suitable model for Iran. In general, reorganization processes include: the jurisdiction of the trial court, the possibility of reorganization, filing a petition, the manner of proceedings, drafting and approving the plan, the contents of the plan, and the termination of the reconstruction process, which is considered in detail in legal regimes of Japan and USA. Therefore, with a comparative approach and using a descriptive-analytical method, the reorganization processes of commercial companies are investigated and the results are presented.