6533b863fe1ef96bd12c79cb

RESEARCH PRODUCT

Ogłoszenie upadłości spółdzielni w świetle orzecznictwa sądowego

subject

description

The research issue in this study is the issue of declaring bankruptcy of cooperatives in the light of court decisions. A cooperative is a legal person, therefore it is a separate legal entity from its members (cooperatives). A cooperative, including has bankruptcy capacity. Members are not responsible for the obligations of a cooperative that has become insolvent, although it has a special relationship with them. De lege lata, the declaration of bankruptcy of a cooperative by the bankruptcy court does not mean that its members are obliged to make contributions to cover the deficit of the cooperative. Bankruptcy of cooperatives is not a common phenomenon in practice, and the legal regulation of this phenomenon is currently dispersed. The current legal status is so unclear that it is a breeding ground for divergent views and makes it difficult to conduct “collision-free” bankruptcy proceedings