The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened
In the theory of law and the jurisprudence of courts, there is a dispute as to when and in whose property there is a disputable effect of making the assignment of future rent claims. Three concepts presented by theoreticians of civil law lead to different legal consequences. The practical importance...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)
2021-12-01
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| Series: | Nieruchomości@ |
| Subjects: | |
| Online Access: | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.5839 |
| _version_ | 1811208551871283200 |
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| author | Norbert Frosztęga Hubert Woźniak |
| author_facet | Norbert Frosztęga Hubert Woźniak |
| author_sort | Norbert Frosztęga |
| collection | DOAJ |
| description | In the theory of law and the jurisprudence of courts, there is a dispute as to when and in whose property there is a disputable effect of making the assignment of future rent claims. Three concepts presented by theoreticians of civil law lead to different legal consequences. The practical importance of the above dispute has far-reaching effects under the restructuring law in the event that the restructuring proceedings were subsequently opened against the assignor.
From the perspective of Polish private law, the theory of the pass-through acquisition of claims is more convincing, what in the event of the subsequent opening of restructuring proceedings against the assignor, that the claims arising after the arrangement date are included in the arrangement/remedial estate. The adoption of a different concept may justify the examination of the assignment of future claims from the perspective of ineffectiveness against the arrangement/remedial estate.
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| first_indexed | 2024-04-12T04:23:18Z |
| format | Article |
| id | doaj.art-78e29f0a6f854a9db9ecca4cf8afbe6e |
| institution | Directory Open Access Journal |
| issn | 2657-8247 2719-8030 |
| language | English |
| last_indexed | 2024-04-12T04:23:18Z |
| publishDate | 2021-12-01 |
| publisher | MINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND) |
| record_format | Article |
| series | Nieruchomości@ |
| spelling | doaj.art-78e29f0a6f854a9db9ecca4cf8afbe6e2022-12-22T03:48:10ZengMINISTERSTWO SPRAWIEDLIWOŚCI (Ministry of Justice POLAND)Nieruchomości@2657-82472719-80302021-12-01SpecjalneV32733710.5604/01.3001.0015.583901.3001.0015.5839The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently openedNorbert Frosztęga0Hubert Woźniak1Adwokat licencjonowany doradca restrukturyzacyjny, partner w kancelarii Zimmerman Sierakowski i PartnerzyAdwokat współpracownik kancelarii Zimmerman Sierakowski i PartnerzyIn the theory of law and the jurisprudence of courts, there is a dispute as to when and in whose property there is a disputable effect of making the assignment of future rent claims. Three concepts presented by theoreticians of civil law lead to different legal consequences. The practical importance of the above dispute has far-reaching effects under the restructuring law in the event that the restructuring proceedings were subsequently opened against the assignor. From the perspective of Polish private law, the theory of the pass-through acquisition of claims is more convincing, what in the event of the subsequent opening of restructuring proceedings against the assignor, that the claims arising after the arrangement date are included in the arrangement/remedial estate. The adoption of a different concept may justify the examination of the assignment of future claims from the perspective of ineffectiveness against the arrangement/remedial estate. http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.5839real estatelease agreementassignment of future claimsdebt securityrestructuring proceedingsdispositional effect |
| spellingShingle | Norbert Frosztęga Hubert Woźniak The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened Nieruchomości@ real estate lease agreement assignment of future claims debt security restructuring proceedings dispositional effect |
| title | The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened |
| title_full | The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened |
| title_fullStr | The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened |
| title_full_unstemmed | The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened |
| title_short | The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened |
| title_sort | effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened |
| topic | real estate lease agreement assignment of future claims debt security restructuring proceedings dispositional effect |
| url | http://kwartalniknieruchomosci.ms.gov.pl/gicid/01.3001.0015.5839 |
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