آثار الحكم بشهر الإفلاس في القانون الجزائري

Abstract

A bankruptcy ruling is considered one of the most important legal rulings due to its far-reaching consequences. It is the best legal means for collective enforcement against the assets of a debtor merchant. This ruling applies to merchants who meet the criteria of commercial status and have ceased paying their commercial debts. Once this cessation is established, creditors may request the bankruptcy of the debtor merchant, subjecting them to the bankruptcy system. The primary objective of this ruling is to achieve equality among creditors and to protect the debtor's assets as general guarantees for them. To achieve this objective, the Algerian legislator has established a set of legal consequences that take effect immediately upon the ruling's issuance, whether concerning the debtor or the creditors. Upon a debtor being declared bankrupt, they are no longer entitled to manage or dispose of their assets. These powers are transferred to the bankruptcy authorities, who are responsible for managing and regulating the debtor's assets. Furthermore, certain restrictions may be imposed on the debtor personally to prevent them from causing any harm to their creditors. For the creditors, the declaration leads to the formation of a creditors' association, which entails a range of consequences. This applies to both ordinary creditors and extraordinary creditors, such as those with rights and mortgages. Ultimately, the aim of this declaration is to balance the interests of both parties, protect their rights and interests, maintain trust, and ensure the continuation of commercial transactions.