Tendencje zmian regulacji pojęcia niewypłacalności w polskim prawie upadłościowym
Tenedencies of the Prewar Bakruptcy Regulations Changes in the Polish Bankruptcy Law

Summary/Abstract: The subject of the study is to present a general outline of three concepts of the insolvency concept regulation by law on the basis of the prewar bankruptcy law, bankruptcy and recovery law and the current new Polish bankruptcy law. The purpose of the subject matter discussed is to generally search for an optimum model of such regulation. The concept of insolvency that is the condition of starting the bankruptcy proceedings is of key importance. Bankruptcy, as a rule, means an enterprise stigmatization to a lesser of higher extent and has a negative impact on the social and economic environment. The announcement of bankruptcy, although imperfect, is an alternative to singular enforcement that leads to the satisfaction of some creditors at the cost of the others. The legal regulation of insolvency should consider the interests of a debtor and creditors. The new “philosophy” of understanding the concept of insolvency partly correlates with the output of the Polish prewar bankruptcy law. At the same time, the legislative body should be open to new solutions, correlated with the law application practice.

• Details
• Contents