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Ogłoszenie upadłości a małżeńskie stosunki majątkowe upadłego

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Chrapoński D.
Rejent
|
2021
|
issue 11 (367)
11-35
EN
This article discusses the effects of bankruptcy on the matrimonial property relationships of the bankrupt. The main point here is to present the basic effects in this respect, which is the creation of a compulsory property regime on the date of the declaration of bankruptcy (Article 124 paragraph 1 of the Bankruptcy Law). This regime replaces the existing matrimonial property regimes in which the bankrupt was located before the declaration of bankruptcy. As a result, the entire joint property enters the bankruptcy estate, the division of which is not allowed. It is intended to satisfy the creditors of the bankrupt. At the same time, the article presents the problem of the effectiveness of establishing the property separation before declaring bankruptcy in relation to the bankruptcy estate (Article 116, Articles 125-126 of the Bankruptcy Law). The subject of the article is also to determine the legal protection measures that a spouse is entitled to in the case of declaring his/her spouse’s bankruptcy and the subjective scope of application of this regulation.
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