Prevention of Bankruptcy in Iran's Legal System and its Position in Imāmiyya Jurisprudence with a Glance at French law

One of the major barriers to security in business activities is the issue of bankruptcy, for the prevention of which the governments use all capacities to protect their financial interests. In this way, the economic order in the business system is maintained, and trade barriers and trade relations are hindered. In the imāmiyya jurisprudence, institutions such as settlement of claim (ṣulḥ) have such a function that could be an appropriate response to this need, and its manifestation can be found in Iranian Civil Law in Article 722. It is also possible to mention the capacity of institutions such as waqf and zakāt. In this research, the mediation agency, which is reflected in Article 35 of the French Trade Law, will be compared with similar institutions in the field of jurisprudence, such as settlement of claim, etc., to determine if the institutions in Iran’s law can have such a function, and in case of the negative answer, what measures can be taken for the purpose of Article 35 of the French law.