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Postępowanie ochronne we Francji jako przykład skutecznej regulacji

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Kiełczawa A.
Forum Prawnicze
|
2014
|
issue 1 (21)
26-40
EN
The article presents the shortcomings of Polish restructuring proceedings compared to the so called accelerated safeguard proceedings – a legal tool enabling French entrepreneurs to avoid bankruptcy. Polish regulations on restructuring proceedings are virtually a dead letter, as entrepreneurs are discouraged by complex, vague provisions of law, high costs of the proceedings as well as by the fact that they have very little time to prepare their restructuring proposals. Compared to Polish regulations, accelerated safeguard proceedings set forth by French law are faster and more efficient than the traditional restructuring proceedings. If similar legal provisions were adopted in Poland, they would likely revive the Polish restructuring proceedings, currently unpopular due to their inefficiency. The French accelerated safeguard proceedings are presented as a model of regulations which may become an inspiration for Polish legislators.
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