التنظيم القانوني لإعادة تأهيل المشروع التجاري ( دراســة مــقــارنــة )

Rp-Legal Regulation for the Rehabilitation of a Commercial Project ) a comparative study ).pdf

If the commercial project is exposed to a financial and administrative crisis that leads to a disturbance in its situation and its faltering, which threatens its existence in commercial life, then the legislator intervenes to address the situation of the commercial project and rehabilitate it by finding the necessary solutions and proposals for the commercial project to continue its activity. The bankruptcy of the commercial project has become no longer compatible with the modern trend that most countries have followed. Advanced because it affects the national economy, modern legislation brought a new philosophy in changing the concept of the traditional bankruptcy system based on punishing the defaulting debtor in his commercial activity to a reform concept based on saving the debtor from bankruptcy.
When a commercial project falters, it either faces a severe punitive system. When the project is exposed to economic difficulties that threaten its existence and is declared bankrupt and liquidated, it has major negatives on the economy and attracting investment because it creates an unsafe environment for the private sector, as well as laying off the workforce, which leads to unemployment and harms creditors and the debtor. . Or a second system that aims to avoid these negatives. Modern systems in developed countries have adopted it in order to increase economic growth, which aims to rehabilitate the faltering commercial project through a body that allocates a group of experts to study the reasons that led to the deterioration of its conditions and prepare a plan for its exit from economic difficulties. Which he goes through and the debtor remains at the head of his commercial project and works to find financing with few guarantees, and the basic foundation of rehabilitation is financial liquidity and how to find it. When the project goes through turmoil, it is not easy to find sufficient financing to get it out of this stage unless there are modern financing means sufficient for the commercial project and It is easy to obtain by any project suffering from faltering, and these methods have few or no guarantees so that the commercial project can be rehabilitated, continue its commercial activity, and emerge from the stage of economic difficulties to which it has been exposed. Therefore, in this study we will address the legal regulation of commercial project rehabilitation.