Munich Personal RePEc Archive

Cessation de paiement et droit de la faillite en prespective historique : de l'Antiquité à nos jours

Tarbalouti, Essaid (2011): Cessation de paiement et droit de la faillite en prespective historique : de l'Antiquité à nos jours.

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Abstract

The object of this chapter is to explain the decline of the law of contract in matter of bankruptcy. The historical evolution of the law of bankruptcy shows that this decline is gone by three phases : the phase of the natural law based on the nature to solve the conflict ; the phase of the creation of the contract characterized by the compensation of damages - interest ; and the last phase that divides in two stages : the stage of the dissuasion characterized by severe sanctions to fraudulent bankrupt and the stage of rehabilitation based on the therapeutic processing of failed enterprises. It appears that this decline has been begun approach by the growth of the judicial machine in matter of bankruptcy and then by the climbing of ’’humanitarian’’ movements.

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