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Cessation de paiement et droit de la faillite en prespective historique : de l'Antiquité à nos jours
[Default and the law of Bankruptcy in historical perspective :the Antiquity to our days]

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  • Tarbalouti, Essaid

Abstract

The object of this chapter is to explain the decline of the law of contract in matter of bankruptcy. The historical evolution of the law of bankruptcy shows that this decline is gone by three phases : the phase of the natural law based on the nature to solve the conflict ; the phase of the creation of the contract characterized by the compensation of damages - interest ; and the last phase that divides in two stages : the stage of the dissuasion characterized by severe sanctions to fraudulent bankrupt and the stage of rehabilitation based on the therapeutic processing of failed enterprises. It appears that this decline has been begun approach by the growth of the judicial machine in matter of bankruptcy and then by the climbing of ’’humanitarian’’ movements.

Suggested Citation

  • Tarbalouti, Essaid, 2011. "Cessation de paiement et droit de la faillite en prespective historique : de l'Antiquité à nos jours [Default and the law of Bankruptcy in historical perspective :the Antiquity to our days]," MPRA Paper 56216, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:56216
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    References listed on IDEAS

    as
    1. Clay, Karen, 1997. "Trade without Law: Private-Order Institutions in Mexican California," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(1), pages 202-231, April.
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    More about this item

    Keywords

    law of contract ; bankruptcy ; the conflict ; compensation of damages ; fraudulent bankrupt ; rehabilitation ; dissuasion;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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