การนำหลักพุทธธรรมมาใช้กับกระบวนการล้มละลายและฟื้นฟูกิจการที่กระทบต่อสิทธิของเจ้าหนี้ที่จะได้รับชำระหนี้

Abstract

The main objective of this research is to study and analyze the application of Buddhadhamma to the bankruptcy and rehabilitation process affecting creditors’ right to receive payment. 
             The study found that the debtor’s entry into the bankruptcy or rehabilitation process does not affect only the debtor but also the creditor. In addition, since the bankruptcy and rehabilitation process allow reduction of debt and extend the period of payment, then the debtor may use this process to delay the payment, not to make the payment or liberate himself from such debts.
            As regards Buddhadhammas concerning and applying in the bankruptcy and rehabilitation process, they consist in groups of Buddhadhamma pertaining to 2nd and 4th precepts out of five precepts, sublime states of mind and moral shame and moral dread; these virtues are of no-harm aspects. Furthermore, other groups of Buddhadhammas can be applied; they consist in refraining from prejudice, knowing the cause and knowing the consequence and a livelihood which is free from complications and blameless actions, urity of conduct referring to livelihood and pure conduct concerning the necessities of lifebeing classified as Buddhadhamma for enlightening wisdom. The bankruptcy and rehabilitation process should be actively directed by two groups of Buddhadhamma. In this matter, Buddhadhamma for non-oppression will help preventing the bankruptcy and rehabilitation process from being used by the bad faith debtor as a tool to delay the payment, not make payment or liberate himself from the mentioned debts. And, Buddhadhamma leading to wisdom will bring the successfulness to the bankruptcy and rehabilitation process.