Article 361 of the Polish bankruptcy law provides for an order for the court to discontinue bankruptcy proceedings as soon as the conditions listed exhaustively in this provision occur (resolution of the Regional Court in Szczecin of December 23, 2015, VIII Gz 236/15, LEX No. 1964121). The court issues a decision ex officio, which does not exclude an appropriate request for information from the trustee.
The decision on discontinuation refers to the stage of the so-called proper bankruptcy proceedings, and not the proceedings ending with the decision to announce bankruptcy.
Pursuant to Art. 29a of the Polish Bankruptcy Law, consumer bankruptcy cannot be dismissed if it leads to harm to creditors.
As indicated in the justification for the draft amendment to the Bankruptcy Law, introduced on January 1, 2016, the change introduced by Art. 29a solves the significant problem of creditors submitting applications of a purely debt collection nature, aimed at forcing the debtor to fulfill an obligation that is, moreover, sometimes controversial. After obtaining satisfaction of the debt, the creditor usually withdraws the application, and even if he does not do so, the court dismisses the application due to the applicant’s lack of standing to further support the application. This practice harms other creditors.
South Korea is overtaking Italy and Switzerland in investments in Poland.
South Korea has jumped into the top ten largest direct investors in Poland – according to new data from the National Bank of Poland. At the end of last year the involvement of Korean companies amounted to PLN 30.5 billion. During the year it increased by almost PLN 12 billion.
Korea’s strong position is due to investments such as the electric car battery factory located near Wrocław. The sales of batteries have recently become one of the main drivers of growth in all Polish exports.
Two managing partners of KIELTYKA GLADKOWSKI, Co-Chair of Life Science and Healthcare Committee of ILS ABA, Attorney Malgorzata Kieltyka and Vice-Chair of Life Science and Healthcare Committee of ILS ABA Jakub Gladkowski were attending four day Conference organised by the International Law Section of the American Bar Association in Seoul, South Korea, devoted to Technologies and international legal problems of new technologies.
It will be fair to state that the commercial and trade practice require certain flexibility and as the free market can constantly evolve and invent new methods, ways of performing business activity. Some of the examples of these inventions or rather methods allowing to conduct business activities in a better, more efficient manner are different contract provisions, clauses, among which “option” clauses will be of this article’s interest. The very term “option” can be used first and foremost as regards to a specific type of contract, however the terminology can differ between countries and, moreover, the term itself is present in different contexts, which does not always necessarily prejudge its meaning. Nevertheless, this article is focused on legal provisions (included in contracts or, for instance, articles of association) that give the entitled subject certain right regarding the transaction. This right consists on being able to choose consequences, actions or just one of the options as provided for in the contract. The most common aim of these provisions is to secure interests of one of the party or balance interests of both parties. The option clauses are mainly applicable to company contracts but they can be used in commercial transactions to various types of contracts and activities.
