Premises for Declaring Bankruptcy of Entrepreneurs – Selected Legal Aspects Cover Image

Przesłanki ogłoszenia upadłości przedsiębiorców – wybrane aspekty prawne
Premises for Declaring Bankruptcy of Entrepreneurs – Selected Legal Aspects

Author(s): Kinga Flaga-Gieruszyńska
Subject(s): Economy, Business Economy / Management
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: bankruptcy of entrepreneur; premises for bankruptcy; insolvency

Summary/Abstract: Purpose – The purpose of this article is to discuss two premises for declaring bankruptcy of entrepreneurs – failure to meet due and payable cash liabilities and the exceedance of value of assets of the debtors by the value of their obligations. The study also includes references to the interrelationships between these premises, which take place in the case of debtors who are not natural persons. Design/Methodology/approach – The article uses the dogmatic and legal method because the Author examines each of these criteria, referring to the literature of the subject matter and pointing out the most important practical problems connected with their application in the jurisprudence of insolvency courts. Findings – As a result of the conducted analyzes, some of the interpretative doubts concerning the application of the discussed bankruptcy premises have been resolved, which constitutes the legitimacy and the theoretical and practical value of the considerations. Originality/Value – The basic value of the article is the solution of practical problems important for entrepreneurs and other entities at risk of bankruptcy.

  • Issue Year: 2017
  • Issue No: 86
  • Page Range: 413-422
  • Page Count: 10
  • Language: Polish