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The Impact of Judicial Review of Bankruptcy Declarations (An Analytical Study( | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 40, Volume 17, Issue: 2 part 1, September 2026, Pages 855-864 PDF (378.73 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.175959.1715 | ||
| Authors | ||
| Ali Ghanem Ayoub* 1; Yasser Mohammed Ali2 | ||
| 1Presidency of the Northern Technical University | ||
| 2College of Engineering Technology for Computer and Artificial Intelligence – Mosul | ||
| Abstract | ||
| Judicial review is a legal mechanism that emerged from the core of the judicial ruling issued according to a procedural approach outlined by the Civil Procedure Code, by which the parties achieve their goals through the satisfaction of their interests , so that their rights and legal positions are stabilized . If the idea of legal stability means that the legal rules are certain and specific in their organization of the legal positions that the law seeks to achieve, then the bankruptcy ruling is issued on the basis of and regarding legal positions that extend in time and are subject to change during the extension period as a result of the transformation of circumstances from those on the basis of which the bankruptcy ruling was issued, which requires continuous protection until they are stabilized and achieve compatibility and suitability between them and the new circumstances. Based on that, it seems unfair for the bankrupt debtor who has taken the initiative to pay his debt to remain under the burden of a ruling that destroys his commercial activity and affects his civil life, which necessitates a reconsideration of the ruling that was issued under unfavorable economic conditions. The nature of the bankruptcy ruling, which led to a fundamental change in the bankrupt’s legal position with its serious effects, seems worthy of judicial review, which represents a means of protection under which he can be sheltered. | ||
| Keywords | ||
| Bankruptcy; audit; bankrupt; judgment; public notice | ||
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