Monitor Prawa Handlowego

no. 3/2014

The principles and procedure for the transfer and satisfaction of bankruptcy claims (in the past and at present)

Stanisław Gurgul
Autor jest sędzią Sądu Apelacyjnego w Poznaniu w stanie spoczynku.
Abstract

Transfer of ownership (assignment, cessio) is an institution of the private law dating back to the Antiquity, frequently used both in ordinary and commercial transactions, in which a special role is played by the provisions of the banking law, the exchange and cheque law, the maritime code, as well as the bankruptcy and reorganization law. In that latter area trading of claims is, as a matter of principle, permissible, though it involves deterioration of the substantive law position of the acquirer of a bankruptcy claim, and also the need to meet several procedural requirements concerning establishment of a list of claims, the drafting and approval of a plan for distribution of the bankruptcy estate funds, as well as notification of those documents.