Upadłość konsumencka w prawie polskim i niemieckim a praktyka forum shopping
Personal bankruptcy in Polish insolvency law and the practice of forum shopping from the perspective of German-Polish economic relations

Summary/Abstract: The Author drafts Polish and German regulations on personal bankruptcy, the issue of trans-boundary insolvency law in the European Union (including the definition of the Centre of Main Interests, that is COMI, and the elements of its definition in case of trans-boundary personal bankruptcy proceedings), having regard to Polish-German relations and the legislation of both jurisdictions. The paper presents also the practice of forum shopping and the methods, which were established in EU insolvency law, to counteract this phenomenon. The Author proposes the thesis that not only can certain institutions of Polish personal bankruptcy law be attractive to people with COMI in the territory of Germany, but also that some German regulations can attract people, which have established COMI in Poland. This leads to the conclusion that the practice of forum shopping may occur also in German-Polish economic relations, having regard, in particular, to the geographical proximity between both jurisdictions, current practices of German consumers, a lack of precise enough regulations on the harmonization of European trans-boundary insolvency proceedings, and the progressing liberalization of Polish personal bankruptcy law, announced by the Polish government.

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