Non Responsibility to Prove the Poor Debtor Insolvency (Preceded by a non-financial liabilities)

Subject Areas : All jurisprudential issues

Salman Ahmadi ¹ , Alireza Amini ²

1 - مسؤول مکاتبات
2 - ندارد

Received: 2014-09-11 Accepted : 2014-10-19 Published : 2013-11-22

Keywords: insolvency, Wealthy, debtor, creditor, Conviction,

Abstract :

One of the largest number court cases, related to financial liabilities in the courts. “The law of the executing financial sentencing” performance way, the responsibility of insolvency proof is related to the debtor and he sees no difference between the sources of debt. According to this article, ignoring the history of the debt owed is the defectness cases of this law. So with this question that who is responsible for the burden of insolvency proof in debts of non acquainted to the financial? It Tryiedto prove with legal reasons that the insolvent debtor is not responsible. And therefore, according to these reasons, the law departments should consider the history of religion in the burden of proof on the parties included. Another issue that was addressed in this paper is the acceptance of financial responsibility and its affect on rich or poor debtor.The result is that the acceptance of financial responsibility without receiving any financial is not the reason for being rich of the debtor.