THE PERSISTENCE OF THE DEBTOR’S CIVIL RIGHTS UPON INSOLVENCY UNDER THE SAUDI BANKRUPTCY LAW (AN ANALYTICAL STUDY)

Abstract

There is no doubt that protecting the insolvent debtor is an issue of practical importance in the economic sphere, insofar as it helps prevent commercial enterprises from collapsing. Modern statutes allow the preparation of rescue plans as soon as early signs of financial strain appear. The Saudi Bankruptcy Law prescribes the procedures to be followed vis-à-vis creditors and debtors and lays down practical mechanisms that clearly safeguard the debtor’s rights, attaching multiple legal effects that attest to the legislator’s seriousness in giving effect to such protection. Among these mechanisms is protecting the debtor by preserving his ability to exercise his civil rights during insolvency. This paper seeks to shed light on that mechanism.