Czy niemieckie prawo upadłościowe powinno być wzorem dla polskiego ustawodawcy?
Should German insolvency law be a model for the Polish legislator?

Summary/Abstract: The scope of interference in Polish insolvency proceedings, as discussed in the article, i.e. uniformity of proceedings, prevention of poverty of the mass, autonomy of creditors and deregulation of proceedings, release for residual debts and consumer proceedings, is certainly substantial. However, from the point of view of the legislative technique, it can be carried out with relatively few interventions in the law. This would make it possible to salvage legal acts characterised by a particularly high legislative level and an extremely well thought-out design, which have not been rendered obsolete to a serious extent. The author is of the opinion that the replacement of the Polish bankruptcy and reorganisation law with a completely new law or laws would not bring any benefits which would justify such a far-reaching intervention in the existing legal order.

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