O dochodzeniu odsetek ustawowych od niewypłacalnego przedsiębiorcy po ogłoszeniu jego upadłości
About the Claiming the Statutory Interest against an Insolvent Entrepreneur after Declaration of His Bankruptcy
Author(s): Przemysław TelengaSubject(s): Law, Constitution, Jurisprudence, International Law, Economic policy, Government/Political systems
Published by: Akademia Zamojska
Keywords: insolvency proceedings;bankruptcy law;declaration of insolvency;impact of declaration of insolvency on civil litigation;bankrupt debtor;statutory interest
Summary/Abstract: Discussing the problems noticed in the legal doctrine and the judicature, the author refers to the problem of claiming the statutory interest of monetary claims against an insolvent entrepreneur after judicial declaration of his bankruptcy. The aim of this article is to present the views of contemporary representatives of the juridical doctrine and judiciaries about the possibilities and methods of claiming the statutory interest against an insolvent entrepreneur in the Polish legal system. The author prefers dogmatic and historical methods to solve the above mentioned problem de lege lata. In conclusion, the author states that it is admissible to conduct a lawsuit, but only partially, when it refers to a lawsuit for the awarding of the interest dues (for the period of time from the creditors’ insolvency is declared) on a creditors’ sums which are seeking and satisfied in the insolvency proceedings.
Journal: Barometr Regionalny. Analizy i Prognozy
- Issue Year: 16/2018
- Issue No: 5
- Page Range: 121-127
- Page Count: 7
- Language: Polish
