Ochrona wierzycieli spółki kapitałowej w przypadku podziału krajowego i transgranicznego
Protection of creditors of a incorporated company during the process of domestic legal division and cross – border division

Summary/Abstract: The aim of the article is to indicate the legal instruments for the protection of creditors of an incorporated company during the process of domestic legal division and cross-border division. The author indicates the basic definition involved with that issue like: division of the company, cross-border division and liability. Then the author presents legal instruments for the protection of creditors of an incorporated company during the process of domestic legal division from the Polish case law. The article also discusses the most important judgments of the Supreme Court and the Court of Justice of the European Union involved with this issue. The aim of the next part is to analyse the model of creditors protection from the Directive 2019/2121, which harmonise the legal framework for cross-border division. The provisions of the directive must be implemented into the Polish law by January 31, 2023.

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