0000000000048379
AUTHOR
Rafał Adamus
showing 10 related works from this author
Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic
2020
Summary The study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the cre…
The need for change in the approach to insolvency of sport clubs in the regulations of the European Football Federation
2020
This study concerns the issues of league regulations related to the legal problem of insolvency of football clubs in the context of licenses to participate in competitions. The study presents a brief description of modern European football, including the phenomenon of financial oligarchization of sport, and uneven redistribution of the benefits of sport. The following section presents the relation between lex sportiva and state law; the legal position and importance of UEFA; licensing system rules for participating in games. Particular attention was paid to regulating the impact of participation in proceedings giving protection against creditors on obtaining and maintaining a license. Attri…
Limited liability companies in Poland
2020
This study discusses the construction of a limited liability company (LLC) under Polish law. Due to the short length of the article and the large scale of the issue, this study is limited to the presentation of basic concepts. The construction of an LLC under Polish law is flexible and has been modernised, as a result of a number of amendments, including a fast registration path.
Amended consumer bankruptcy law in Poland
2020
In the presented paper, the author very deeply and thoroughly explains the issue of the currently amended consumer bankruptcy law in Poland. The paper consists of four key parts. In the first part of the paper, the author clarifies the Polish legislation concerning the consumer bankruptcy; in the second part of his paper he analyses the modes of a debt relief for an insolvent natural person through the consumer bankruptcy and consumer arrangement; the third part of the paper deals with the question of the legal character of a consumer debt relief and, finally, in the last part of his paper, the author focuses on the issues of a payment morality of the debtor and its legal importance. The ma…
Claims secured by a registered pledge in sanation proceedings
2019
This study concerns the legal situation of a receivable secured by a registered pledge in a debtor’s sanation (restructuring) proceedings. The registered pledgee has a special position in the course of such proceedings. The study discusses the rules of subjecting the receivable secured by the arrangement, the rules of preparing and contesting the list of receivables, and finally the rules of satisfying the pledgee.
Problem odpowiedzialności członków zarządu spółki kapitałowej za zobowiązania z tytułu składek na ubezpieczenie społeczne powstałe w czasie trwania p…
2020
<div><p>The study is devoted to the problem of management board members’ liability for social insurance contributions arising during the course of proceedings with the option of concluding an arrangement based on the provisions of both the Bankruptcy and Reorganization Law and the Restructuring Law. It defends the view that a member of the management board is not responsible for liabilities under social security contributions arising during the course of proceedings with the option of concluding an arrangement, initiated in good time, conducted on the basis of the provisions of the Bankruptcy and Reorganization Law as well as on the provisions of the Restructuring Law.</p>…
Liquidation of the Bankruptcy Estate in Poland
2020
The purpose of this study is to present the general principles and general issues of liquidation of the bankruptcy estate under Polish law. It should be stressed that liquidation of the bankruptcy estate is intended to satisfy the creditors of the insolvent debtor. Therefore, the manner of liquidation of the bankruptcy estate has an obvious impact on the final bankruptcy dividend for the creditors. The rules governing the liquidation of the bankrupt’s assets are of the key-importance for the theory of law and the practice. The article defines the directional principles of liquidation of the bankruptcy estate, procedure of liquidation of the bankruptcy estate. The subject of this paper there…
Kompetencje zarządcy przymusowego przedsiębiorstwa spółki z o.o. będącej komplementariuszem w spółce komandytowej
2020
Opracowanie zostalo poświecone zagadnieniu kompetencji zarządcy przymusowego ustanowionego w postepowaniu zabezpieczającym, przewidzianym przepisami kodeksu postepowania cywilnego, w ramach zarządu przymusowego nad przedsiebiorstwem spolki z o.o., ktora jest komplementariuszem spolki komandytowej. Powstaje wątpliwośc, czy taki zarządca przymusowy moze sprawowac zarząd takze nad przedsiebiorstwem spolki komandytowej. Innymi slowy: przedmiot pracy sprowadza sie do pytania, czy zarządca przymusowy przedsiebiorstwa spolki z o.o. moze prowadzic sprawy spolki komandytowej i reprezentowac ją wobec osob trzecich. W pracy omowiono nastepujące zagadnienia: odrebną podmiotowośc komplementariusza i spo…
Legally protected cultural goods and bankruptcy proceedings
2020
This paper deals with general problems of legal aims of bankruptcy proceedings in connection with the aims of heritage protection – issues built by completely different systems of values. Bankruptcy is designed for protecting pecuniary interest of a limited group of people, while cultural heritage is protected for present and future generations, despite its current commercial significance. In the global environment, bankruptcy of a cultural goods owner usually has a cross-border range but national bankruptcy legislations and laws devoted to heritage protection differ in very serious aspects. For this reason the paper is not limited to any concrete legal order. There are discussed some impor…
Influence of insolvency of a football club in Poland on the right to participate in league games
2020
AbstractThe study is devoted to the issue of the impact of sports club insolvency in Poland on the right to participate in league games. In this respect, not only the regulation of insolvency law is of the key importance. There are also crucial organizational rules established by the sports association (the Polish Football Association—Polski Związek Piłki Nożnej) determining admission to league games of only such sports clubs which have adequate financial liquidity. It should be stressed that the Polish Football Association (hereinafter “PZPN”) regulations do not allow to take part in competitions sports club in bankruptcy. This topic has become particularly relevant in 2020 in the context …