Dopuszczalność nabycia własności autorskich praw majątkowych nieprzysługujących upadłemu przez osobę trzecią a zasada nemo plus iuris

Abstrakt

This study attempts to answer the question of whether it is possible for a third party to acquire, as a result of bankruptcy proceedings, the economic copyright in a work erroneously considered part of the bankruptcy estate. The first part of the paper deals with the principle of nemo plus iuris... and the exceptions to it, including those relating to economic copyright. The second part of the paper discusses the effect of the acquisition of property or rights as a result of enforcement proceedings and then as a result of bankruptcy proceedings. The third part presents the basic arguments in favor of the possibility of acquiring the rights in question as a result of the bankruptcy proceedings, even though they did not actually belong to the bankrupt, as well as the arguments against this thesis. Consideration of these arguments has led to the conclusion presented in the conclusion of the publication. The issue in question had not previously been discussed in this form in the legal doctrine.