أحكام الإعسار وأثرها على تصرفات المدين

دراسة مقارنة

Abstract

This research deals will insolvency as one of Sharea and common law Defences available to the debtor giving Him the right to be released in accordance with the provisions of Islamic Sharea law as stated in texs together the opinions of Sharea” scholars .  

This is embedded in the books of Islamic jurisprudence and the legal texts provided by the Sudanese legislator in this regard .

The research also looks into the effect of the debtor’s actions and behavior on the acceptance or restitution of the insolvency which becomes clear when the courts Tend to apply insolvency deffence or not in response to the debtor’s actions of good or ill intention and other requirements .

We Herewith discuss in detail the provisions of the insolvency in Islamic jurisprudence and in common law and the opinions of some jurists and Touches on    common law  .

We also discuss the actions of the debtor and it’s effect on the acceptance or restitution of the insolvency defence according to the applications of the Sudanese law in what to is knows as legal

Lastly comes the condusion of the research which comprises eleven very important results discussed in great detail .