Monitor Prawniczy
no. 15/2013
Several remarks concerning creditor priority under Art. 532 of the Civil Code
Prof. Uniwersytetu Opolskiego, Kierownik Zakładu Stosunków Gospodarczych WPiA UO, radca prawny, arbiter.
Abstract
The article discusses selected issues relating to the priority of creditor satisfaction against third party assets in a situation whereby the third party has entered into a transaction with the debtor to creditor’s detriment. The provisions of Art. 532 of the Civil Code, the contents of which actually supplement the provisions of the execution law, give rise to several interesting legal issues. A limited property right may be established on the subject of the loss; a petition in bankruptcy may be filed against the debtor or the third party. Therefore, the priority referred to in Art. 532 of the Civil Code is not absolute.