Abstract

The Restructuring Act of 15 May 2015, which entered into force as of 1 January 2016, in its Art. 1.1 regulates: „conclusion of an arrangement with creditors by a debtor who is insolvent or at risk of insolvency and the consequences of the arrangement”. Further on, the Act stipulates, among other things, that a personal creditor shall be a party to the restructuring proceedings (Art. 65.1.2 and Art. 65.1.3 of the Restructuring Act) and that „the arrangement covers personal debts which have arisen before the opening date of the restructuring proceedings (...)” (Art. 150.1.1). In this context, it becomes crucial to delimit the notions of a personal debt and a collateralized debt, as well as the notions of personal rights and claims as well as potestative rights as the realization of those rights (claims) is done differently in a given restructuring proceeding. The article clarifies the problems referred to in the title on the example of specific cases.

Key words:

restructuring proceedings, arrangement, personal debts, collateralized debts, personal debts and claims, potestative rights