Zdolność upadłościowa i restrukturyzacyjna osoby fizycznej prowadzącej gospodarstwo rolne
Bankruptcy and Legitimacy to Initiate Restructuring Proceedings of a Natural Person Running an Agricultural Holding

Summary/Abstract: The Polish legal system currently has two legal acts that create insolvent law, which is a set of solutions and provisions regulating the situation of an insolvent (or soon insolvent) entity – the Bankruptcy Law and the Restructuring Law. A natural person running an agricultural holding is not treated equally in these laws in the scope of granting the ability to declare bankruptcy and legitimacy to initiate restructuring proceedings.A farmer is considered to be an entrepreneur in restructuring proceedings and may use the institutions provided in it to restore the solvency of his business. However, in the Bankruptcy Law, he is deprived of the ability to declare bankruptcy provided for entrepreneurs, but he is granted the opportunity to declare bankruptcy foreseen for natural persons not conducting economic activity, so-called consumer bankruptcy. It would be appropriate to include a natural person running an agricultural holding, who at the same time has the status of an entrepreneur within the meaning of art. 431 Civil Code, in the “general” bankruptcy regime for entrepreneurs, which will correspond to its status in the restructuring proceedings.

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