Abstract

The paper focuses on interpretation of Art. 150 of the Restructuring Law. This provision may be considered the most important substantive law regulation defining the subjective scope of claims covered by an arrangement. The focus has been on the problem of receivables that arose before the opening of the restructuring proceedings and as such covered by the arrangement, the content (and in particular the amount) of which changes or at least may undergo changes after the date of the opening of the restructuring proceedings (the arrangement date). In other words, the purpose of the paper was to answer the question about the legal relevance (or lack thereof) of changes in the contents of claims covered by the arrangement. An example of such claims are claims arising as a result of the non-contractual use of someone else’s property (Art. 224 et seq. of the Civil Code), with respect to unjust enrichment (Art. 405 et seq. of the Civil Code) or claims for damages (Art. 415 et seq. of the Civil Code). The study found that the contents (and in particular the amount) of the claim existing on the day preceding the opening of the restructuring proceedings (the arrangement date), and covered by the arrangement, may change in time. However, since it is covered by the arrangement, it should be satisfied in the amount specified in the arrangement. If, for example, the damage suffered by the creditor amounted to PLN 100,000 on the arrangement date, and then increased by PLN 5,000 each month, and the arrangement provided for a 90% reduction in claims for damages, the debtor should satisfy the creditor with PLN 10,000 and PLN 500 for each month in which the damage grew. From the perspective of the theory of civil law, it was also found that the provisions of the restructuring law are a good example of regulations justifying the need for a deeper reflection on the basic concepts of civil law that are usually understood intuitively or even taken for granted.