Odpowiedzialność nabywcy przedsiębiorstwa upadłego za zobowiązania związane z jego prowadzeniem
Liability of an Acquirer of an Enterprise for Debts Connected with Running of That Enterprise

Summary/Abstract: In the opinion of the author, art. 55 par. 1 of the Polish Civil Code, which introduces the liability of an acquirer of an enterprise for debts connected with the running of that enterprise, in the insolvency context applies only to those debts which relate to the running of an enterprise that are the so-called debts of the insolvency estate (i. e. which arose after the declaration of insolvency). Article 317 par. 2 the second sentence of the Polish Insolvency Law excludes its application in regard to debts connected with the running of an enterprise that are debts of the insolvent debtor (i.e. which arose before the declaration of insolvency). The same distinction applies to debts toward employees, which is a consequence of the application of art. 23 sec. 1 of the Polish Labour Law – according to a referral from art. 317 par. 2a of the Polish Insolvency Law.

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