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  1. 1 Górecki J.

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Skuteczność umownego prawa pierwokupu nieruchomości sprzeda-wanej w postępowaniu upadłościowym

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Górecki J.
Rejent
|
2024
|
issue 4 (396)
11-26
EN
In notarial practice, there are still doubts on whether the right of pre-emption over a property sti-pulated by a bankrupt in an agreement (e.g., for lease or fruendi lease) concluded before the da-te of declaring the bankrupt.s insolvency remains valid in case of sale of the property subject to that right in insolvency proceedings (bankruptcy sale). In the context of Art. 313(2), sentence 1, of the Bankruptcy Law Act, it must be concluded that contractual right of pre-emption over a property stipulated in an agreement concluded by a bankrupt prior to the date of declaring inso-lvency expires upon conclusion by the receiver of a contract for sale of the property subject to such pre-emption right. The basis for its removal from the land and mortgage register is the final plan of distributing the sum obtained from the sale of the property subject to the pre-emption right, which should take into account the claim of the person entitled under the contractual pre-emption right arising from the right to satisfaction reflecting the value of the extinguished right.
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