Scientific-Research Quarterly Journal of
Law Knowledge
Volume 2, Issue 3 (6-2024)
SRQJL 2024, 2(3): 71-105 |
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Qaderi M H. A comparative study of the crime of bankruptcy due to fault in the laws of Afghanistan and Iran. SRQJL 2024; 2 (3) :71-105
URL: http://srqjl.knu.edu.af/article-1-53-en.html
URL: http://srqjl.knu.edu.af/article-1-53-en.html
Abstract: (40 Views)
One of the institutions that oversees investors' trust in businessmen is bankruptcy, which is divided into ordinary bankruptcy, fraud, and fault from the point of view of rights. Normal bankruptcy has a civil aspect and is out of the scope of this research, bankruptcy due to fraud is also out of the scope of this research due to its volume. But bankruptcy due to fault, has been given special attention in the law of Afghanistan and Iran, so there is a question in which cases the bankrupt businessman is considered to be at fault. In this article, with descriptive and analytical research, the punishment of bankruptcy due to fault is investigated and the findings of the research show that the guilty businessman is divided into small and big. Each of those material and spiritual elements is unique to itself. If the elements are proven and the conditions are fulfilled, the businessman will be found guilty and will be punished according to the punishment prescribed in the criminal laws.
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