1 استادیار گروه حقوق خصوصی، دانشگاه آزاد اسلامی واحد میبد، میبد، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی واحد میبد، مدرس دانشگاه آزاد اسلامی واحد یزد، یزد، ایران (نویسنده مسئول)
عنوان مقاله [English]
Forgiveness is a moral principle that, like other moral rules, has permeated legal institutions. Accordingly, the “Arfaqi contract” is one of the most important institutions of commercial law in the matter of bankruptcy law, which is concluded between the debtor trader and the creditors. The subject of this contract was legally raised for the first time in Iranian law with the enactment of the Trade Law of 1311, which was in fact adapted from the 19th century French Trade Law. The mechanism of this contract can play an effective role in the prosperity of society's economy because society needs commercial and productive activities to meet the material needs of its people, and therefore the liquidation and dissolution of economic organizations can sometimes have adverse effects on society's economy at the macro level. In the case of bankruptcy, the government's economic policies must be designed to effectively support businesses or key economic entities. “Arfaqi contract” is a conciliatory solution that prevents the commercial and economic death of the businessman, and saves him from extinction. This method of protection is for commercial law, and if the bankruptcy operation does not end in this way, there is no choice but to sell and divide the property of the bankrupt businessman, which is a general rule. Therefore, this contract is concluded and implemented between the debtor and the creditors with the aim of solving the problems of the trader, and continuing his activity and preserving all the rights of the creditors.