Research problem:
Identification and analysis of normative and social factors determining the effectiveness of bankruptcy and restructuring law in the field of bankruptcy and restructuring of people in matrimony.
Justification for undertaking study:
Bankruptcy of spouses is currently one of the most significant problems in the field of bankruptcy law. Legal regulation, which assumes that the separation of property arises on the day of declaring bankruptcy and joint property enters the bankruptcy estate is far from perfect. This regulation does not take into account the rights of the debtor’s spouse as well as the rights of the creditors of the debtor’s spouse to joint property which will be covered by the bankruptcy estate.
The subject of the study is a dogmatic analysis of existing regulations in the context of solutions adopted in the Family and Guardianship Code and in the Code of Civil Procedure. The research will also include a comparative law analysis and the study of the case law of bankruptcy and restructuring courts.
The main scientific objective:
The main scientific objective of the project is to construct a model of bankruptcy and restructuring proceedings conducted against a person who is married including normative solutions adopted in Family and Guardianship Code and in the Code of Civil Procedure.
The applied research method/methodology:
The applied research method will be a dogmatic and legal method as well as an empirical research. The dogmatic method will be used to analyze the Bankruptcy Law and the Restructuring Law, justifications for acts and other documents connected with the course of the legislative process. Empirical research will include the analysis of files.
Team:
PhD student Diana Dudek, mail: dianaa.dudek@gmail.com, under the direction of PhD Anna Hrycaj Prof. of Łazarski University.
Results of the implemented research tasks:
- published article:
“Consequences for common marital property in case of declaring bankruptcy by the spouse who is not involved in any business activity” - Diana Dudek, PhD Anna Hrycaj, Monitor Prawa Handlowego nr 4/2018.
The subject of the article is the analysis of the regulation of art. 124 paragraph 1 in relation with art. 491² paragraph 1 Bankruptcy Law, concerning the effects of common marital property of declaring bankruptcy of the spouse who is not involved in any business activity. The analysis explicitly shows that the regulation concerning bankruptcy of both or one of the spouses is dysfunctional. Amendment proposals should be aimed at making the Bankruptcy Law more unified and cohesive with the regulations of the Family and Guardianship Code and the Code of Civil Procedure.
- Conferences:
Seminar on „Bankruptcy and restructuring of spouses” 27.01.2017r. – Łazarski University
Diana Dudek
Lawyer
Lawyer in a law firm in Warsaw specializing in bankruptcy and restructuring law, an associate of a restructuring advisor with experience in the field of consumer bankruptcy as well as entities conducting business.
A graduate of the Faculty of Law of the Cardinal Stefan Wyszynski University in Warsaw, a graduate of postgraduate studies: Company law at the Faculty of Law and Administration of the University of Warsaw, and Restructuring and liquidation of the company in bankruptcy proceedings at Lazarski University in Warsaw.
Lecturer and participant of conferences and trainings in the field of bankruptcy and restructuring law, organised by: the Institute of Bankruptcy and Restructuring Law and Insolvency Research at the Lazarski University in Warsaw, Allerhand Institute, Adam Mickiewicz University in Poznan, National Chamber of Restructuring Advisors.
Lawyer in a law firm in Warsaw specializing in bankruptcy and restructuring law, an associate of a restructuring advisor with experience in the field of consumer bankruptcy as well as entities conducting business.
A graduate of the Faculty of Law of the Cardinal Stefan Wyszynski University in Warsaw, a graduate of postgraduate studies: Company law at the Faculty of Law and Administration of the University of Warsaw, and Restructuring and liquidation of the company in bankruptcy proceedings at Lazarski University in Warsaw.
Lecturer and participant of conferences and trainings in the field of bankruptcy and restructuring law, organised by: the Institute of Bankruptcy and Restructuring Law and Insolvency Research at the Lazarski University in Warsaw, Allerhand Institute, Adam Mickiewicz University in Poznan, National Chamber of Restructuring Advisors.
