Debt satisfaction and recovery function of personal bankruptcy of a natural person not conducting business under case law.
Research problem:
The basic question is whether the bankruptcy of a natural person not running any business activity fulfils its role, i.e. debt satisfaction and successful debt revovery. Is the debt satisfaction and debt recovery function realised in a way that meets the expectations of debtors and creditors and do the related procedures facilitate or hinder (if so, to what extent) the reaching of the objective of such proceedings - debt satisfaction and debt recovery?
Justification of the research:
On 31 December 2014 there was an entry into force of an amendment to the Act - Law of Bankruptcy and Restructuring as to the so-called consumer bankruptcy essentially changing the legal situation of insolvent natural persons not conducting any business (Act of 29 August 2014 amending the Act - Law of Bankruptcy and Restructuring, the Act on the National Court Register and the Act on court costs in civil cases, Journal of Laws: Dz. U. of 2014, item 1306). The change in the legal status resulted in a significant increase in both the number of filings for consumer bankruptcy as well as pending bankruptcy proceedings. The rising number of cases resulted in inevitable disclosure of many problems that are related to the application of the amended provisions.
The subject of the study is dogmatic analysis of the legislation regarding consumer bankruptcy and an analysis of the effects of specific solutions based on empirical research.
The main scientific objective:
An answer to the above issues will allow for the assessment of the functioning and of the effectiveness of personal bankruptcy of a natural person not conducting any business, as well as for formulating certain postulates as to possible future changes that would allow for the most effective application of the above legal construct in practice.
Researching method/methodology applied
The research method applied will involve analysis of the legal provisions and empirical research. The analysis of legal provisions will be used in order to analyze the Bankruptcy Law, its justification and other documents recording the course of the legislative process. Empirical research will include the examination of files.
The team:
PhD student Agata Kosmal, e-mail: agata.kosmal@wp.pl
under the guidance of Prof. dr hab. Anna Hrycaj Prof. UŁa
The effects of the realised studies:
- Conference "Consumer bankruptcy. Axiology, functions and functional interpretation, 12 May 2017, Lazarski University, Warsaw
- Publication: "The legal construct of consumer bankruptcy in the Polish legal system" in a scientific monograph "Legal regulations and the functioning of the Polish economy", Laboratory of Knowledge A. Borcuch, Kielce 2019.
Agata Kosmal
Lawyer working as an assistant to a judge in the District Court in Płock, initially in the Civil Department and then in the Economic Department. Specializes in bankruptcy and restructuring law, has several years of experience in this field.
Graduate of the European University of Law and Administration in Warsaw, majoring in Law. Participant of Lazarski University's Doctoral Degree in Law Seminar. Participant of many scientific conferences on civil law, bankruptcy and restructuring, including those organized by the Institute of Bankruptcy Law, Restructuring Law and Research on the Insolvency of Lazarski University in Warsaw, Adam Mickiewicz University in Poznań and C. H. Beck.
Currently, she is conducting research on the bankruptcy of a natural person who is not conducting business activity and is preparing a doctoral thesis on the effectiveness of this institution.
Lawyer working as an assistant to a judge in the District Court in Płock, initially in the Civil Department and then in the Economic Department. Specializes in bankruptcy and restructuring law, has several years of experience in this field.
Graduate of the European University of Law and Administration in Warsaw, majoring in Law. Participant of Lazarski University's Doctoral Degree in Law Seminar. Participant of many scientific conferences on civil law, bankruptcy and restructuring, including those organized by the Institute of Bankruptcy Law, Restructuring Law and Research on the Insolvency of Lazarski University in Warsaw, Adam Mickiewicz University in Poznań and C. H. Beck.
Currently, she is conducting research on the bankruptcy of a natural person who is not conducting business activity and is preparing a doctoral thesis on the effectiveness of this institution.
