شهر الافلاس والاثار المترتبة على الحكم به في القانو السوداني والقانون المصري

Abstract

", ABSTRACT The topic of this study is bankruptcy and the impact of it judgement in the Sudanese Bankruptcy Ordinance (1929) and the Companies Ordinance (I925); in comparison with the Egyptian Commercial Act (1999). The objective of the study· is to review, analyze, explain and know the points of deficiency, Thus, in this context, the researcher reviewed the repealed Egyptian laws and the judicial applications of same, The research is also an attempt at focusing attention on the provisions of bankruptcy in the Sudanese Bankruptcy Ordinance (I929) and 'the Company's Ordinance (1925), so as to know the extent of their coping with the present economic reality and to detect the causes of the flaws in the banking system. The study handled the individuals, compnses and (national and foreign) banks bankruptcy, the guarding against it, the review of the crimes and termination of bankruptcy and uncovering of the relation of the Ordinance and the judicial application and procedures. The study adopted the comparative descriptive - analytic approach. So, the various facts which are related to the topic were collected and analysed. In this sense, the relations between these aspects, on one side, and their effective causes .and the consequent effect on the other, were projected. The inferences and scientific results were deduced. The study id composed of six basic chapters; as follows: Chapter' one handled the terms and conditions of bankruptcy; as far as civil and commercial liability concerned. In addition, there is the bankruptcy of women, the. dead debtor, the foreigner, the impact of the occupation of the debtor on the bankruptcy, the reasons of declaring bankruptcy and the impac.t of the actual failure to pay debts. Chapter two is about the wisdom behind declaring bankruptcy as far as the concerned person in demanding it is concerned, the required procedures for same, the impact on requesting same, the authorized court, the decision for bankruptcy, its content, the method of declaring it, execution of the decision, appealing against it, its procedures and the methods of protection against declaripg bankruptcy. Chapter. three is abou' t the rule behind declaring bankruptcy. This came in (3) main axes; which are: the impact of declaring bankruptcy on the rights of the debtor, the impact of the bankruptcy of the company or bank and the impact of declaring bankruptcy on the creditors. Chapter four discussed the management of the bankruptcy person's monies. This came in two main axes: the persons concerned with bankruptcy and the preliminary procedures of bankruptcy. Chapter five dealt with the ending-up of bankruptcy by judicial reconciliat.ion, liquidation and the other solutions. Chapter six dealt with the individuals and companies bankruptcy crimes. The study depended upon the primary sources, observation, personal interviews and field visits tb the concerned circles; in addition to the secondary sources. According to the information provided by the data, which complement the secondary sources, the following findings were reached by the researcher: - There are gaps in the bankruptcy Sudanese Ordinance (1929), which have relatively affected the rise in the cases ofthe bankruptcy on individuals and companIes. - The reasons for the bankfuptcy of banks are main internal, related to banking precautions and to managerial in effici'ency. - The similarjty in the essence of rules of bankruptcy in the Sudanese Bankruptcy Ordinance (1929), and the Egyptian Commercial Act. the difference is confined to details. - The study recommended various recommendations, the most important of these are: the need to pay more attention to the Ordinance, the amendment of some of th~ provisions which regulate bankruptcy and its impact, and the responsibility of the bankrupt in the Bankruptcy Ordinance (1929) and the' Companies Ordinance (1925). The purpose is to cope with the economic developments and social changes, which are accruing currently.