Institution of consumer bankruptcy in the Polish legal system - the most important regulatory changes

• Published in: Journal of Modern Science
• Main Author: Agata Hiacynta Tarnacka
• Format: Article
• Language: English
• Published: Akademia Nauk Stosowanych WSGE im. A. De Gasperi w Józefowie 2018-07-01
• Subjects: consumer; indebtedness; bankruptcy; consumer bankruptcy; bankruptcy law
• Online Access: http://www.journalssystem.com/jms/Instytucja-upadlosci-konsumenckiej-w-polskim-systemie-prawnym-najwazniejsze-zmiany,93038,0,2.html
• ISSN: 1734-2031; 2391-789X

Objectives The aim of the undertaken analysis was to present the most important changes introduced to the regulation of consumer bankruptcy institutions and the assessment of their effectiveness. Material and methods The article has been prepared using the formal dogmatic and dogmatic and legal methods. Results Amendments in 2014 and 2015 introduced positive changes in the regulations governing consumer bankruptcy, significantly increasing access to it. Amendments in 2014 and 2015 introduced positive changes in the regulations governing consumer bankruptcy, significantly increasing access to it. The Act of 29 August 2014 amending the Act - Bankruptcy and Reorganization Law, the Act on the National Court Register and the Act on court costs in civil cases introduced the possibility of filing for bankruptcy with only one creditor, the debtor's debt was considered to be debtor's debt , a fairness and humanitarian clause was introduced, the State Treasury underwrote the costs of the bankruptcy proceedings and the "extraordinary" and "independent circumstances" were waived for an effective filing for bankruptcy, indicating that the dismissal of the bankruptcy petition is caused by insolvency or increasing its level intentionally or as a result of gross negligence. A year later, the Act of 15 May 2015, the Restructuring Law introduced many new changes, the most important of which is the change in the definition of insolvency and the possibility of filing for bankruptcy with the creditor. Conclusions Consumer bankruptcy has become a universal procedure for all natural persons not conducting business activity.