Abstract

This article is a continuation of the analysis of the extent of normative restrictions of trading in “hospital debts” carried out in the article “A change of the creditor of an independent public healthcare institution” (MoP No. 11/2016).

A manifestation of those restriction is the requirement to obtain approval, under the pain of invalidity, of the entity which has stablished the healthcare institution of “a legal transaction aimed at changing the creditor” of that institution (Art. 54.5 of the Healthcare Institutions Act of 15 April 2011, consolidated text: Journal of Laws of 2015, item 618 as amended). The discussion is focused on the evaluation of the position adopted in the case law that legal transactions of this type include also the so-called quasi-guarantee agreement, which is one of the models of the guarantee agreement regulated in Art. 391 of the Civil Code.