UWAGI NA TEMAT WYNAGRODZENIA SYNDYKA MASY UPADŁOŚCIOWEJ. PROBLEMY INTERTEMPORALNE
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Date
2000
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Wydział Prawa i Administracji UAM
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SOME REMARKS ON THE REMUNERATION ISSUE FOR A RECEIVER IN BANKRUPTCY. CONTEMPORAL PROBLEMS
Abstract
The Authors discuss questions relating to legal bases for remuneration of a receiver in bankruptcy
and of a receiver o f separated part of the estate in bankruptcy - with special taking into
consideration of the doubts that have emerged because of recent changes in the law. Dressing
a revision of some older and of some presently introduced legal regulations, the Authors devote
much place to general intemporal issues of adequate procedure; they are trying to find the answer
to a question which o f the provisions - the „older” or the „newest” should be applied after entering
in force of the „new law” in case of proceedings that have been instituted before the entering
mentioned but never ended, up to the present. The Authors ascertain the fact that not in every
case a change of binding laws is being operated in enough simple and clear manner - from the
point o f view o f an average addressee of legal norms. They are o f the opinion that such a difficult
situation could be put in order by a simultaneous entering in force of adequate law and of executive
regulations. The whole problem could be thus limited to skilful and proper application of the
principle lex retro non agit - what should certainly appease present debates among receivers in
bankruptcy - for whom remunerations admitted presently by the courts - in case of similar expenditure
of work - do stray one from another in a too flagrant manner.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 1, s. 61-70
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0035-9629