Effects of declaring bankruptcy by liquidation of the bankrupt’s assets regarding contracts on providing services Cover Image

Skutki ogłoszenia upadłości obejmującej likwidację majątku upadłego co do umów mających za przedmiot wykonanie usług
Effects of declaring bankruptcy by liquidation of the bankrupt’s assets regarding contracts on providing services

Author(s): Jacek Lachner
Subject(s): Micro-Economics, Public Law, Law on Economics
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: Effects of bankruptcy; proceedings including liquidation of the bankrupt’s assets on contracts; reciprocal contract and service contracts in case of insolvency; termination of reciprocal contract;

Summary/Abstract: The opening of bankruptcy proceedings, including the liquidation of assets of the bankrupt company, affects the current agreements in which the debtor is a party. The effects of insolvency proceedings on the implementation of current contracts in which the debtor is a party can be divided into two groups. The first group covers the effects that have occurred since the opening of bankruptcy proceedings by law. Other effect groups provide the legal basis for the receiver to modify the current contracts, taking into account the specific circumstances of the debtor's situation. The Polish legislature does not seem to be consistent with regard to service contracts in the event of insolvency proceedings taking into account articles 98 and 102 of bankruptcy law. This article deals with the legal consequences of bankruptcy law relating to a service contract, indicating the need to protect the interests of creditors as well as the interests of third parties.

  • Issue Year: 2016
  • Issue No: 29
  • Page Range: 285-297
  • Page Count: 13
  • Language: Polish