Abstract

The model adopted in the Code of Civil Procedure for drawing up for drawing up statements of reasons for contestable decisions passed at an in camera session is currently based on the assumption that the court acts at the request of a party rather than ex officio (Art. 357 of the Code of Civil Procedure). As an exception, the court may make an ex officio statement of reasons and even waive its drawing, sharing the arguments of a party presented in a procedural motion. These rules are not directly applicable in insolvency and restructuring proceedings, in which the principle of ex officio preparation of statements of reasons for decisions passed at in camera sessions applies (Art. 219.1 of the Insolvency Law and Art. 197.1 of the Restructuring Law). The problem raised in the article concerns, in particular, the possibility of waiving statements of reasons for appealable decisions in the insolvency proceedings and accepting the arguments presented in a motion of a party to the proceedings, alternatively - in a pleading by the authority taking part in the proceedings (receiver/administrator/overseer). This possibility is debatable and has no statutory basis. However, the practice of insolvency and restructuring courts shows that there is a need to apply (and also sanction) this solution arising from Art. 357 § 6 of the Code of Civil Procedure.