EGZEKUCJA PRZEZ ZARZĄD PRZYMUSOWY WEDŁUG KODEKSU POSTĘPOWANIA CYWILNEGO Z 1930 ROKU NA PRZYKŁADZIE MAJĄTKÓW OSOBISTYCH I FIDEIKOMISOWYCH KSIĄŻĄT PSZCZYŃSKICH W LATACH 1934-1939
EXECUTION BY COMPULSORY ADMINISTRATION ACCORDING TO THE POLISH CODE OF CIVIL PROCEDURE OF 1930 ON THE EXAMPLE OF THE PERSONAL AND FIDEICOMMISSUM PROPERTIES OF THE DUKES OF PLESS BETWEEN 1934 AND 1939
Author(s): Tomasz KucharskiSubject(s): Civil Law, Economic history, Interwar Period (1920 - 1939)
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: family fideicommissa; compulsory administration; history of civil procedure; history of civil enforcement; Second Polish Republic; case study method;
Summary/Abstract: The present article is devoted to the application of the interwar provisions of the Code of Civil Procedure of 1930 on compulsory administration on the example of the enforcement proceedings against Prince Jan Henryk XV Hochberg von Pless. These proceedings were conducted against the real estate which belonged to the Duke of Pszczyna and his numerous industrial enterprises, which were both his personal property and a part of the fideicommissum estates of the Hochberg family. By employing the case study method, the paper attempts to present various practical problems related to the activities of the compulsory administrators of the estates of the Duke of Pszczyna. An analysis concerning the issue of the effects of the status of the properties which were under administration as components of the fideicommissum estate was carried out. Also an attempt was made to present the way in which the administrators performed their duties regarding the repayment of the debt to the main creditor and attached creditors, reporting obligations as well as the "sanation" of the debtor's properties and improvement of their economic situation. A part of the article is devoted to the rules and regulations, the organization, and the functioning of the board's administration. An analysis of the administrator's relationship with the debtor and his family was also carried out.
Journal: Czasopismo Prawno-Historyczne
- Issue Year: 76/2024
- Issue No: 2
- Page Range: 239-282
- Page Count: 44
- Language: Polish
