Document Type : Specialized Article

Authors

• Hosein Sarafsimaee ¹
• Amir Shaghaegh ²

¹ Assistant Professor, Faculty of Law, Shahid Beheshti University

² Master of Private Law

Abstract

Bankruptcy inquisition according to it’s special nature and character has it’s own special arrangement. One of the fundamental questions about this concept in our current legal system that the requesting bankruptcy settlement from the judicial jurisdiction should be by making petition or it belongs to non-litigious jurisdiction affairs. Current acts define the non-litigious affairs. According to article 1 of non-litigious jurisdiction act enacted on 1319, ((non-litigious affair is a kind of affair that judicial jurisdictions are bounded of settling them, without any need of conflicts and litigations to be made by petition)). In spite of the fact that the legislator hasn’t defined clearly the meaning of ((action)) but with the definitions coming from books of legal doctrine, we can say that ((action)) is a conflictive matter and the reason of bringing action against somebody is solving conflicts. In spite of existing variety evidences and presumptions about the non-litigious nature of bankruptcy, jurists and in some cases the acts, didn’t pay attention to this fact and have Judicial jurisdictions are bounded of settling them, without any need of conflicts and litigations to be made by petition. In spite of the fact that the legislator hasn’t defined clearly the meaning of ((action)) but with the definitions coming from books of legal doctrine, we can say that ((action)) is a conflictive matter and the reason of bringing action against somebody is solving conflicts. In spite of existing variety evidences and presumptions about the non-litigious nature of bankruptcy, jurists and in some cases the acts, didn’t pay attention to this fact and have considered it as an action. In this research it will be shown that the non-litigious outlook has covered many deficiencies that the outlook of considering it as an action can cause. The current research is proving with evidences and documentation that the bankruptcy is a matter of non-litigious affairs 

Keywords

• Lapse of time
• Lapse of time regulations
• Lapse of time suspension
• Lapse of time Interruption
• Beginning of lapse of time