Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisition
A debtor at risk of insolvency often sells or encumbers valuable assets and, by doing so, he or she may prevent their creditors from obtaining satisfaction. Where certain prerequisites are met, the creditors may challenge the legal actions of the debtor relying on ‘actio Pauliana’ (a complaint to se...
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| Format: | Article |
| Language: | English |
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MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)
2022-06-01
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| Series: | Nieruchomości@ |
| Subjects: | |
| Online Access: | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.8598 |
| _version_ | 1811265604297949184 |
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| author | Piotr Gil |
| author_facet | Piotr Gil |
| author_sort | Piotr Gil |
| collection | DOAJ |
| description | A debtor at risk of insolvency often sells or encumbers valuable assets and, by doing so, he or she may prevent their creditors from obtaining satisfaction. Where certain prerequisites are met, the
creditors may challenge the legal actions of the debtor relying on ‘actio Pauliana’ (a complaint to set aside fraudulent conveyance) regulated in Article 527 et seq. of the Polish Civil Code. If a debtor is declared bankrupt, the right to challenge fraudulent conveyance to the detriment of the creditors of assets belonging to the bankruptcy estate is exercised by the trustee in bankruptcy.
The acquirer of real property should be aware of the risk related to the acquisition of real property from a party which is either insolvent or at risk of insolvency. The risk assessment should take into account the sanction of relative ineffectiveness in the areas of civil and bankruptcy law as well as risks posed in the area of criminal law.
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| first_indexed | 2024-04-12T20:26:50Z |
| format | Article |
| id | doaj.art-1a7f25ace78649f49ebd5f3bfab49256 |
| institution | Directory Open Access Journal |
| issn | 2657-8247 2719-8030 |
| language | English |
| last_indexed | 2024-04-12T20:26:50Z |
| publishDate | 2022-06-01 |
| publisher | MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND) |
| record_format | Article |
| series | Nieruchomości@ |
| spelling | doaj.art-1a7f25ace78649f49ebd5f3bfab492562022-12-22T03:17:50ZengMINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)Nieruchomości@2657-82472719-80302022-06-01IIII496810.5604/01.3001.0015.859801.3001.0015.8598Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisitionPiotr Gil0Uniwersytet Opolski Wydział Prawa i AdministracjiA debtor at risk of insolvency often sells or encumbers valuable assets and, by doing so, he or she may prevent their creditors from obtaining satisfaction. Where certain prerequisites are met, the creditors may challenge the legal actions of the debtor relying on ‘actio Pauliana’ (a complaint to set aside fraudulent conveyance) regulated in Article 527 et seq. of the Polish Civil Code. If a debtor is declared bankrupt, the right to challenge fraudulent conveyance to the detriment of the creditors of assets belonging to the bankruptcy estate is exercised by the trustee in bankruptcy. The acquirer of real property should be aware of the risk related to the acquisition of real property from a party which is either insolvent or at risk of insolvency. The risk assessment should take into account the sanction of relative ineffectiveness in the areas of civil and bankruptcy law as well as risks posed in the area of criminal law. http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.8598actio Paulianainsolvencyreal property |
| spellingShingle | Piotr Gil Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisition Nieruchomości@ actio Pauliana insolvency real property |
| title | Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisition |
| title_full | Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisition |
| title_fullStr | Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisition |
| title_full_unstemmed | Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisition |
| title_short | Acquisition of real property from a party which is either insolvent or at risk of insolvency: issues relating to time limits for challenging real property acquisition |
| title_sort | acquisition of real property from a party which is either insolvent or at risk of insolvency issues relating to time limits for challenging real property acquisition |
| topic | actio Pauliana insolvency real property |
| url | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.8598 |
| work_keys_str_mv | AT piotrgil acquisitionofrealpropertyfromapartywhichiseitherinsolventoratriskofinsolvencyissuesrelatingtotimelimitsforchallengingrealpropertyacquisition |