波兰破产法总评

K. Maćkowska
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引用次数: 0

摘要

1918年波兰重新获得独立后,波兰的破产法以侵略者制定的条款为基础,在波兰不同地区形成了四种不同的约束性制度。1934年,以总统行政命令的形式引入了统一的破产法,第一部规范清算,第二部规范重组程序。这两份命令在1990年和1997年进行了修改,将“商人”一词改为“企业家”。正如人们普遍强调的那样,不仅仅是经济和法律方面的原因导致了破产法的不断更新。此外,语言层面也需要制定现代法律。2003年颁布了一项新的法律,它仍然有效,但是它被修改了几次,包括2014年12月31日的最后一次修改。该法案名为《破产与重组法》(以下简称《破产与重组法》)。全文共分六个部分:破产法的通则及其效力、跨国破产程序、单独破产程序、重组
本文章由计算机程序翻译,如有差异,请以英文原文为准。
General Remarks on Polish Bankruptcy Law
After Poland regained its independence in 1918, Polish bankruptcy law was based on provisions enacted by invaders what resulted in four diff erent binding systems in various parts of Poland. A unitary bankruptcy law was introduced in 1934 in a form of presidential executive orders, the fi rst regulating liquidation and the second one governing the procedure of reorganization. Both of these orders were modifi ed in 1990 and 1997 when a term of merchant was replaced by term of entrepreneur. As it is widely underlined, not only economic and legal aspects caused that a bankruptcy law has been updated. Also a linguistic level required enactment of a modern law1. In 2003 a new law was enacted and it is still valid, however it was modifi ed several times, including the last change dated on 31st of December, 2014. Th is act is entitled Th e Bankruptcy and Reorganization Law (further: the BRL). It consists of six parts: General rules relating to bankruptcy law and its eff ects, Cross borders proceedings, Separate bankruptcy proceedings, Reor-
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