Legal Regulation of Civil Bankruptcy - A Critical Study of Law 17/1992 On Regulating the Status of Minors and Those in Their Care

Abstract

There are many reasons for guardianship, including bankruptcy, which is divided into several types, including civil bankruptcy. This study aims to shed light on the extent of legislative attention to this subject, which differed in the legislator's positions according to the legal systems. In the Germanic system, there is one bankruptcy system, and the same is true in the Anglo-Saxon system. In the Latin system, the civil insolvency system was sufficient, which is the case in some Arab countries, such as Egypt. The legislator in some Arab countries did not regulate civil insolvency or civil bankruptcy, such as Lebanese law, while the legislator in some Arab countries regulated the civil bankruptcy system, such as Iraqi civil law. As for the last trend, it did not regulate civil insolvency or civil bankruptcy, but rather adopted civil bankruptcy as an idea without setting provisions for it, such as Libyan law. The analytical approach was followed, and jurisprudential opinions and legal arguments were stated, with reference to comparative laws. The research concluded with a set of results, which are: 1- The Libyan legislator adopted civil bankruptcy as a reason for guardianship under Article (17) of Law (17/1992) regarding the regulation of the affairs of minors and those in their position, and considered it as a minor and expressed it with another term, which is the debt encompassing the debtor's money, so that it includes bankruptcy and other legitimate systems, which is not permissible by law and Sharia, if the terms have a specific meaning that must be taken into account. This term is one of the expressions that the Maliki school of thought uses alone and includes three other systems, including bankruptcy. Bankruptcy is a reason for guardianship, while the debt encompassing the debtor's money is another term that has nothing to do with guardianship. 2- Failure to organize the objective aspects of civil bankruptcy in terms of concept and nature.