Realizacja uprawnienia ze skargi pauliańskiej w przypadku upadłości likwidacyjnej osoby trzeciej


The creditor can obtain the protection of his receivable by participating in the bankruptcy proceedings or instituting the civil proceedings on the basis of actio pauliana. Both the Civil Code and the Bankruptcy and Rehabilitation Law do not determine appropriate proceedings in a situation when the third person in the meaning of the Civil Code (provisions on actio pauliana) is at the same time the debtor in the meaning of the Bankruptcy and Rehabilitation Law (declaration of bankruptcy involving liquidation of debtor?s assets). The article deals with this issue by answering the questions about the definition of the claim in the bankruptcy proceedings and the legal nature of actio pauliana. Moreover, some practical issues resulting from the conclusion that actio pauliana can be filed as the claim in the bankruptcy proceedings (i.e. ensuring the real protection of the debt, orders in which creditors are satisfied) are discussed. In conclusion, an amendment of the Bankruptcy and Rehabilitation Law is proposed in order to provide the debtor with a clear solutions and a real protection.