The legal organization of restructuring commercial projects: "A comparative study"

Document Type : Original Article

Author

Law Teacher - Department of Basic Sciences Raya Higher Institute for Management and Foreign Trade New Damietta

Abstract

Restructuring between Egyptian Law No. 11 of 2018 regarding restructuring and protective reconciliation and the amendments contained therein in Law No. 11 of 2021 and Federal Law No. 51 of 2023 regarding financial reorganization and bankruptcy" Companies and commercial projects are considered the cornerstone of the economies of countries; as they increase national income, increase job opportunities, increase economic growth and develop the country. Therefore, it was necessary to preserve these commercial entities in the event of any financial or administrative stumbling blocks or disturbances that would lead to bankruptcy and destruction. From this standpoint, we find that the legislators of many countries have strived to organize many mechanisms that aim to address the financial and administrative disturbances that these commercial entities are exposed to during their activity in order to remain among their competitors in the market and to preserve the idea of ​​business sustainability. Therefore, these mechanisms that many legislators have resorted to have multiplied and diversified - between preventive settlement, protective reconciliation, restructuring, and others - and what we are specifically talking about in this research in detail is restructuring, and in this we find the keenness of the Egyptian legislator and his issuance of Law No. 11 of 2018 related to restructuring, protective reconciliation, and bankruptcy declaration. The Egyptian legislator is to be commended for his work on this law, which is a historic shift in organizing business disturbances in Egyptian law. He did not stop at this point, so he worked to amend some of its provisions by Law No. 11 of 2021 - through which we explained the extent of the legislator's endeavor to preserve commercial entities in various ways - after giving the debtor the right to request restructuring in the initial stages of the project's disturbance, we also find that he allowed restructuring in the stages Late for the commercial project, which is on the verge of bankruptcy, and therefore we wanted to clarify this mechanism in detail through this research, comparing it with the UAE legislator and the new Financial Restructuring Law No. 51 of 2023 and the French legislator in many points - to see how other countries faced these disturbances for commercial projects - to take what is considered the best of them - therefore we tried to put forward a legislative proposal for restructuring, hoping that the Egyptian legislator would take it into consideration.

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