DECLARATION OF BANKRUPTCY VS. BAN TO BURDEN BANKRUPT'S ESTATE

• Authors: Sekula Malgorzata
• Languages of publication: PL

Abstracts

EN

Actual solution grossly contravenes the rights of both all the creditors who are interested in satisfaction of their claims from bankrupt's estate as well as those persons who had moved for securing their claims materially long before the debtor's financial situation worsened. It is accurately emphasized in the doctrine that the wording of article 81, item 3 is a result of the legislator's oversight and contradicts ratio legis of the act as well as the regulation itself. Amending of article 81, item 3 of the act is aimed at removing the discussed flaw. The new wording accepts the admissibility of an entry in the land and mortgages register on a condition that the motion is lodged in court 'at least six months before a declaration of bankruptcy is filed'. Of course, the change should be assessed positively.

Keywords

EN

BANKRUPTCY; CREDITOR; LAND AND MORTGAGES REGISTER

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Uczelnia Łazarskiego. Oficyna Wydawnicza
• Journal: Ius Novum
• Year: 2009
• Issue: 2
• Pages: 7-20
• Document type: ARTICLE

Contributors

author

Sekula Malgorzata

• Malgorzata Sekula, Wyzsza Szkola Handlu i Prawa w Warszawie ul. Swieradowska 32, 02-662 Warszawa, Poland

Identifiers

CEJSH db identifier

09PLAAAA06501