Interdiction of the Bankrupt Debtor as a Means of General Guarantee

Abstract

The relationship between a creditor and a debtor is built on trust. However, the debtor may prove unworthy of this trust due to bad faith or circumstances beyond their control. Since the means approved by the legislator for creditors are extremely important, the absence of these means leads to the general guarantee, which is the subject of protection, being stripped of all its value due to the debtor's tampering and negligence. Therefore, these means received special attention from the legislator. These preventive means relate to the debtor’s behavior and obligations, such as the direct lawsuit, the indirect lawsuit, the moot lawsuit, and the lawsuit for non-enforcement of disposition. Additionally, some of these means aim to prevent the debtor from disposing of his assets, such as by interdicting him, the right to imprison him, and seizing his assets as a preventive means to prevent him from disposing of them.