نوع مقاله : پژوهشی
عنوان مقاله English
نویسنده English
The philosophy of the insolvency rule is protection of human dignity of the incapacitated debtor. Economic inflation and the poverty line help in assigning the judgment of foreclosure and its proportionality with the real and accurate financial situation of the insolvent. The research method is library method and legal analysis of scientific data to reach the result. According to the current laws, in cases without history of financial ability of the debtor and non-receipt of money, the principle is based on the inability of the debtor unless the creditor proves otherwise. Also, debt can be verified by non-certificate methods, including the adjustment of installments based on inflation, it does not require testimony. One of the current economic concepts is inflation and the poverty line. Inflation is the measure of the decline in the power of money and the poverty line is the minimum amount of money needed to continue living, concepts which their application in the judgments related to debt is a necessity and its approach is proper and real protection of the debtor according to the jurisprudence and legal foundations of this rule. The use of these precise economic criteria should be required by law, so that if the debtor's riyal income is equal to or less than the poverty line, basically issuing a verdict to pay even in installments is not permissible; because this process limits the minimum wage necessary for the debtor's livelihood. The verdicts issued should be adjusted according to the inflation rate and the number of installments should be increased according to the case, or if it is less than the poverty line, the payment should be stopped until the time of earning additional income.
کلیدواژهها English
