Sytuacja prawna ubezpieczyciela oc jako współdłużnika w postępowaniu restrukturyzacyjnym
legal position of civil liability insurer as a co-debtor in restructuring proceedings

Summary/Abstract: The article is an attempt to describe the impact that restructuring proceedings against the insured entity may have on the legal situation of the third party liability insurer. The authors discussed the nature of the liability for damages in restructuring proceedings, co-participation of the insurer in the debt of the insured undergoing restructuring and the institution of atypical recourse in restructuring pro- ceedings. These issues have not been analyzed in the scientific literature so far.The key issue raised in this article is the insurer’s liability after approval of an arrangement in which the creditors have decided to reduce their claim for damages. This matter has been discussed taking into account the accessory nature of the liability of the third party liability insurer. The authors discussed the standpoints of jurisprudence and doctrine in this respect, at the same time quoting a new argument concerning the subject of third party liability insurance, in favour of the theory of full accessory liability.

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