Społeczno-ekonomiczne aspekty niewypłacalności i upadłości
Socio-Economic aspects of insolvency and bankruptcy

Summary/Abstract: At the time of global financial crisis insolvency as well as bankruptcy, which is its direct consequence, are especially relevant topics. The author is critical of the current prevailing trends of mitigating the procedures and civil law sanctions with regard to debtors defaulting with the performance of legal obligations, indicating that many debtors drive themselves to insolvency either as a consequence of their reckless investment or consumer decisions, or as a consequence of premeditated acts to the detriment of creditors by assuming obligations without regard to its later performance. The author recommends using special caution when applying the institution of debt relief, as the author is of the opinion that the consequences of bankruptcy cannot be transferred from the debtor to debtor’s creditors. Also indicated is the fact that the enforcement and bankruptcy law rather than fulfilling the ultimate goal, which is to satisfy the interest of the creditor, has become a tool for implementation of social policy as a response to citizens’ growing debts. The entire article is complemented by the statistics on outstanding obligations and conducted enforcement and bankruptcy proceedings.

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