Volume 18, Issue 59 (4-2024)                   MLJ 2024, 18(59): 370-390 | Back to browse issues page

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Examining the rules governing the liquidation and liquidation of companies active in the field of medicine and pharmaceuticals from the perspective of the legal system of Iran and England. MLJ 2024; 18 (59) :370-390
URL: http://ijmedicallaw.ir/article-1-1881-en.html
Abstract:  
Because the field of medicine and pharmaceuticals has a large financial turnover, it generally attracts many companies to operate in it. However, all the companies active in this field are not considered as profitable companies and after some time they are dissolved for various reasons and this causes the issue of the rules governing the liquidation and liquidation of companies active in the field of medicine and A medicine should be proposed. It is obvious that the point that is raised in between is that the English legal system is considered as a legal system that has special rules in the field of liquidation and liquidation of some commercial companies, including in the field of medicine and pharmaceuticals. In this context, the role of will in the liquidation of medical and pharmaceutical companies is one of the important topics that has led to the existence of two types of normal and special liquidation. An important point that should be noted in this context is that when the number of If the company's creditors are numerous, the legislator has weakened the will of the debtor in order to respect the principle of equality among these creditors. Liquidation is very important in legal systems. Its liquidation method is important in fulfilling the rights of creditors and commercial companies. The method of collecting claims when there are many creditors and the debtor's property does not cover his debt leads to problems. In such a situation, every creditor will try to collect his claim earlier than others. This competition among creditors can lead to the division of the company's assets and a decrease in its value for all creditors. Therefore, the collective benefit of the creditors requires that the acquisition of the debtor's property be done in an orderly manner, through the bankruptcy system. Basically, individuals are able to organize the bankruptcy system by themselves; That is, a debtor can stipulate in the loan agreement what the consequences of not paying the debt will be. However, it may be difficult to set up such a contract considering that the debtor's assets and compensation may increase day by day. Moreover, empirical evidence, including the fact that companies rarely enter into such agreements and that almost all countries have at least a simple statutory bankruptcy system, suggests that a "private" solution cannot be practically relied upon; In other words, for the governments, there is no doubt about the need to provide a "practical" bankruptcy system, that is, a system that the parties can use if they have not established special arrangements themselves.
Type of Study: Original Article | Subject: Special
Received: 2024/10/21 | Accepted: 2024/11/24

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