The subject of this study is to answer the question whether the catalogue of ways of securing the debtor’s assets at the stage of examinining of premises of bankruptcy proceedings regulated in the Bankruptcy Law is open or closed? The thesis is presented that the catalogue of security methods is open. Consequently, the admissible method of securing the debtor’s assets is to set aside the enforcement of the debtor’s claims. Set aside the enforcement of attachment of debts due to the debtor was not explicitly provided for by the law as a way of securing the debtor’s assets.
PL
Przedmiotem niniejszego opracowania jest udzielenie odpowiedzi na pytanie czy uregulowany w ustawie Prawo upadłościowe katalog sposobów zabezpieczenia majątku dłużnika na etapie postępowania w przedmiocie ogłoszenia upadłości ma charakter otwarty czy zamknięty? Prezentowana jest teza, że katalog sposobów zabezpieczenia ma charakter otwarty. W konsekwencji dopuszczalnym sposobem zabezpieczenia majątku dłużnika jest uchylenie zajęcia egzekucyjnego wierzytelności przysługujących dłużnikowi. Uchylenie zajęcia egzekucyjnego wierzytelności przysługujących dłużnikowi nie zostało wprost przewidziane przez ustawę jako sposób zabezpieczenia majątku dłużnika.
Pursuant to Art. 58 § 1 point 4 of the Code of Commercial Companies dissolution of a general partnership results in the death of the partner of the general partnership. The dissolution of a general partnership starts the process of its liquidation, unless the partners agree on a different method of terminating its activity. The provision of art. 58 § 1 point 4 of the Code of Commercial Companies however, it is a dispositive legal norm, which means that the articles of association of a general partnership may stipulate that the death of a partner is not a basis for its termination. With the death of all partners, the general partnership undoubtedly becomes a kind of real hybrid. The representation of a general partnership is an attribute of its partners and the management of the partnership's affairs cannot be entrusted to third parties, with the exception of partners. However, in a general partnership, the contract of which provides for the possibility of the partner's heirs joining the partnership, operational inertia is only a temporary state. The death of all partners does not result in the dissolution of the general partnership, and thus the general partnership's entry into liquidation. Upon the opening of the inheritance, the “partnership share” is acquired by the heirs (statutory, will) of the deceased partners. The entry of the heirs of deceased partners as new partners into the court register is of a declaratory nature
There is a question: should partnerships which are regulated in the Code of Commercial Companies have the division ability? De lege lata only capital companies (Art. 528 § 1 of the Code of Commercial Companies and Partnerships) are subject to the division procedure. Admission to the division of partnerships is possible only by decision of the legislator. The division of certain partnerships will, however, be possible in the Polish legal system after the directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019, amending Directive (EU) 2017/1132 is emended.
This article is devoted to the issue of offsetting claims in the course of bankruptcy proceedings. Considerations are limited to the situation in which one of the claims arose due to the ineffectiveness of the bankrupt's actions under the law itself. The issue remains at the interface between bankruptcy and civil law. in addition, two civil law institutions (modified by insolvency law) were collated: offsetting claims and ineffectiveness of legal action.
The article discusses the mechanism called a late endorsement. It is an endorsement made after the due date of the promissory note. Transfer of the rights from the promissory note after its due date changes the legal nature of the endorsement: transfer of the rights has then the consequences of an ordinary assignment. The article also draws attention to the claims that can be raised by a debtor in the case of endorsing the promissory note after the due date. The article also deals with demurrers.
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