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Skutki uchylenia układu zawartego w postępowaniu upadłościowym dla wierzytelności objętych układem

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Adamus R.

Opolskie Studia Administracyjno-Prawne

2013

vol. XI

issue 1

9-27

The paper deals with the question of consequences which result from annulment of the agreement concluded in bankruptcy proceedings, involving receivables which are included in the agreement. The institution of the very agreement itself and its annulment is a unique solution in the construction of the bankruptcy law. The core of the analyses is the regulation of the bankruptcy and repairing law, according to which, in the case of annulment of the agreement, in the bankruptcy proceedings that are opened, the creditors to date pursue their claims at the initial height of the latter. The due interest is accrued from the day of the validation of the decision on the annulment of the agreement. The sums paid out as stipulated in the agreement count as appropriation of claimed receivables. In turn, mortgage, lien, registered lien, revenue lien and vessel mortgage secure the receivables at the height which has not been satisfied yet. The considerations include also the dispute over the legal character of the agreement, make references to the historical legal regulation, as well as present a selection of views relating to the problem as found in the literature of the subject. At last the author describes the most significant legal problems connected with restitution of receivables, which arise just in consequence of annulment of the agreement.

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1 Opolskie Studia Administracyjno-Prawne

1 Adamus R.

1 2013

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Skutki uchylenia układu zawartego w postępowaniu upadłościowym dla wierzytelności objętych układem