Social Aspects of the Provisions on Consumer Bankruptcy in the Light of the Conducted Studies Cover Image

Społeczne aspekty przepisów o upadłości konsumenckiej w świetle przeprowadzonych badań
Social Aspects of the Provisions on Consumer Bankruptcy in the Light of the Conducted Studies

Author(s): Joanna Podczaszy
Subject(s): Health and medicine and law, Social Norms / Social Control, Socio-Economic Research
Published by: Społeczna Akademia Nauk
Keywords: consumer bankruptcy; insolvency; excessive debt; debtor; creditor; society

Summary/Abstract: It is unquestionable that law is an expression of values thus bankruptcy laws should incorporate social and moral values and find the proper balance between the interest of the creditors (all debts should be repaid, pacta sunt servanda) and the interests of the debtors who have miscalculated risks and suffered from unfortunate change of circumstances (social solidarity). Over-indebtedness is a serious social and economic problem which has to be regulated by law, however the institution of consumer bankruptcy should be a remedy especially dedicated to those who passively led to its excessive debt. This article presents the results of the conducted studies which reinforce the thesis of the necessity of legal regulations in the field of consumer insolvency.

  • Issue Year: 17/2016
  • Issue No: 8.3
  • Page Range: 173-186
  • Page Count: 14
  • Language: Polish