The New Approches in Legal Aspects of Insolvency

According to the modern legal systems and Islamic jurisprudence, the protection of insolvent is the necessary. But the misuse of this institution obliges the legislators to renew the relevant provisions. Unfortunately the Iranian legal system can’t establish a legal system that establishes equilibrium between the rights of creditor and debtor. This article tries - by reliance on the Islamic jurisprudence - to present the new approaches to the insolvency law. We present new approaches on the three topics; the first, who must proof the claim? The burden of proof lies on The Creditor or debtor? The Second, how the clime should prove? In other words, what are the evidences and proofs? The Third, what are the judicial effects of the proving claim?