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Law No.2016/36 Of 29 April 2016 on Collective Insolvency Proceedings (A Comparative Study of Tunisian and French Law)


Type: Article

ref: 62016597-616

N0:6 of 2016

Pages: 597-616

"Everything new is wonderful". Is this also the case for the new Law on Collective Insolvency Proceedings? This Law, which was promulgated on 29 April 2016, repeals Law No.95/34 on the Rescue of Undertakings in Economic Difficulty. The history of its design indicates a long gestation process. The legislation challenges the jurist in more than one respect. From the outset, the new legislation provides for a legislative fallback with regard to the choice made to support undertakings in economic difficulty. Is it actually a real fallback? This is among the issues to be addressed in the present study. However, bringing up the matter of fallback is already evoking the idea of transition from one state to another, and therefore that of evolution.