Dr Ismael Nayef Al Hadidi
Assistant Professor of Commercial Law
Faculty of Law, University of Jordan

Abstract:

This research deals with the issue of instituting judicial review against the judgment issued regarding the lawsuit having for object the declaration of insolvency according to the Jordanian Insolvency Law No. (21) of 2018. It aims to analyze the Jordanian legal texts related to this matter and compare them with the French legal texts that deal with the same issue. It also aims to take a closer look at the Jordanian judicial approach to the aspects of this issue and compare it with the French judicial approach for it. Thus, the research’s problem is to determine the most appropriate way to challenge the decision issued regarding the filing for insolvency when it comes to non-pursuing creditors, is it an appeal or third-party opposition?
To reach its objectives, this research adopts the descriptive analytical approach combined with the comparative approach in order. In addition, this research reached a number of results, the most important of which is the existence of a legislative deficiency in regulating the way to appeal the decision issued regarding an insolvency declaration lawsuit, as well as the Jordanian Court of Cassation’s departure from the procedural principles established in trials. This research recommends making a number of amendments to the texts of the Jordanian insolvency law so that they lead to avoiding legislative and judicial shortcomings in the approach to the judicial reviewing of the judgment issued regarding the insolvency declaration lawsuit.
Keywords: insolvency, judicial review of the insolvency declaration, appeal, and opposition by a third party.

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