Document Type : Research Paper
Author
Assistant Professor of Private Law, Allameh Tabataba’i University, Tehran, Iran
Abstract
Complaining about the bankruptcy order is very important as it affects the rights of the interested parties. Before the issuance of unified judicial precedent No. 789 of the year 2019 of the General Board of the Supreme Court, there was doubt in the doctrine regarding the rule of special provisions of the Commercial Law to complain about the bankruptcy order, and in practice, there was no specific jurisprudence on how to invoke these articles. Although the subject of disagreement that created the aforementioned unanimity vote is the deadline for the third party's protest against the bankruptcy order, the said decision has only emphasized the validity of the articles of the Commercial Law, which inevitably, without studying the conflicting opinions, it is difficult to understand that the subject of the dispute is the binding of the third party's protest to the times specified in the law. In addition, the validity or invalidity of the provisions of this law was only one of the questions that were answered by issuing the above decision, however, there are still many other uncertainties regarding the interested parties and their inclusion in the parties inside or outside the lawsuit, whether absent or present in the preliminary hearing, the competent court, the origin, and deadline for filing a complaint against the bankruptcy order that have been tried in this article to give clear and convincing answers to the above questions and uncertainties.
Keywords
)