Monitor Prawniczy

no. 7/2016

Problems with the institution of liability for failing to submit a petition in bankruptcy in due time

Stanisław Gurgul
Sędzia Sądu Apelacyjnego w Poznaniu w stanie spoczynku.
Abstract

Depriving the person who failed to submit a petition in bankruptcy for an “entrepreneur” in due time of the right to conduct business activities constitutes a special type of civil liability similar in essence to criminal liability. That institution, introduced to the Polish legal system in 1997, was subsequently approved by the Constitutional Tribunal, which at the same time indicated that it performed many useful functions in economic life. At present, the above institution is regulated by the provisions of Art. 373-377 of the Bankruptcy Law of 28 February 2003 in a manner that is only slightly changed as compared with the original version.