The subject of the article is a dogmatic analysis of the existing normative solutions in the field of insolvency law and restructuring law, regarding the form of decisions and orders issued in insolvency and restructuring proceedings, the obligation to justify them ex officio, the appropriate application of the provisions of the Polish Code of Civil Procedure regarding justifications and the form of signing decisions, including consideration of the issue of the validity of the Polish Supreme Court’s case law regarding the obligation separate signing of the operative part of the judgment and its justification. In particular, the authors will consider whether the uniform manner of signing the operative part and justification of the judgment in its entirety, which takes place within the ICT system of the National Register of Debtors, is consistent with the provisions of the Polish Code of Civil Procedure, which – in the light of the case law of the Polish Supreme Court – require separate signatures under the operative part and justification. This case is important for legal transactions due to the existence of many judgments signed electronically, not only in insolvency and restructuring proceedings, but also in other types of cases (e.g. in registration cases and in electronic writ of payment proceedings), which have been issued and signed with a single electronic signature for many years. The article will indicate that since an electronic signature is a set of data attached to or logically related to a document, and not a set of data “written” in a specific place in the document, the requirement of “placement” under the operative part and separately under the justification cannot be applied to it, because the electronic signature as a set of data logically related to the document is not on the document at all in the sense in which the handwritten signature is on the document.

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• A.Hrycaj, P. Filipiak, Issuing, justifying and signing decisions in insolvency and restructuring proceedings, PPC 2023 no. 3 (52), pp. 540-555