EU International insolvency law. International succession law 2200-1W129N

A. EU INTERNATIONAL BANKRUPTCY LAW.
The lecture aims to present the issues of international insolvency law with particular emphasis on European and Polish law.

International insolvency law is a comprehensive area of law regulating international aspects of the so-called collective proceedings initiated in order to solve problems arising in connection with the insolvency of a trading participant (in particular an entrepreneur). A full presentation of the issues of proceedings conducted in the field of international bankruptcy law would be impossible within a 15-hour lecture. However, elementary knowledge of this extensive field of law is essential for lawyers who will be exposed to international trade, especially economic, in their practice.

The lecture covers only the necessary introduction to the procedural and substantive issues of bankruptcy, but focuses primarily on the presentation of the effects of the initiation and conduct of cross-border insolvency proceedings in accordance with EU law and conflict of laws rules governing the jurisdiction of the law for the proceedings and the substantive law relations covered by it.

Block one:
1. The subject, function and basic problems of bankruptcy law. History and sources of Polish bankruptcy law. Bankruptcy law and restructuring law. Material law issues of bankruptcy law and an outline of their regulations in Polish law
2. Procedural issues of bankruptcy law and an outline of their regulations in Polish law. Sources of law and authorities as well as the course of bankruptcy proceedings
3. Polish regulation of issues of international bankruptcy law. History, scope and basic concepts of EU insolvency law
Second block:
4. The principle of applying lex concursus in the structure of conflict of laws of the material and legal consequences of bankruptcy
5. Review of conflict solutions: scope of application of lex concursus and exceptions in favor of other connectors.
The third block:
6. "International" jurisdiction in insolvency proceedings and its scope
7. Conflict and substantive procedural law in EU bankruptcy proceedings

B. EU INTERNATIONAL LAW OF SUCCESSION.

Mode

Classroom
Blended learning

Requirements

Civil Law I
Civil Law II part A
Civil Law II part B

Prerequisites

Civil Procedure
Civil Law I
Civil Law II part A
Civil Law II part B
Commercial Law
The European Union Law

Prerequisites (description)

Course participants know and understand the basic concepts of civil and commercial law, such as a commercial company, entrepreneur, enterprise, property, assets and liabilities, succession, heir, disposition of property upon death, etc. They can refer them to the context of specific legal events that may occur in practice. They have completed a basic course in European Union law, know the structure of the EU legal system, the legal nature of regulations and are aware of the impact of European law, including the case law of the Court of Justice, on the national law of the Member States.

Course coordinators

Jarosław Turłukowski
Andrzej Wiśniewski

Learning outcomes

A. EU INTERNATIONAL BANKRUPTCY LAW.
The lecture should enable the student to:
1) in terms of knowledge:
a) understanding the legal nature and effects of bankruptcy proceedings and against this background the fundamental problems of international bankruptcy law,
b) learning about the basic sources of international bankruptcy law and the relationship between European law and national (Polish) law,
c) mastering the basic knowledge about the connections and effects of bankruptcy proceedings conducted in various legal areas,
d) knowledge of the principles of the functioning of the conflict of laws method in international bankruptcy law;
2) in terms of skills:
a) assessment of threats and possibilities to protect the interests of a given entity in connection with the possible opening of bankruptcy proceedings of this entity or its debtor in a cross-border perspective,
b) the ability to determine the law applicable to the assessment of the content of substantive law relationships subject to bankruptcy proceedings;
3) in terms of attitude:
awareness of the need to take into account the conditions resulting from international bankruptcy law in order to secure the rights of entities in business transactions.

B. EU INTERNATIONAL LAW OF SUCCESSION.

Assessment criteria

The requirements and criteria for obtaining credits for individual parts of the lecture (ie international EU bankruptcy and succession law) are defined separately by the instructors of individual elements of the whole course.
Attendance is verified for each of these parts separately. Attending the classes is a necessary but not sufficient condition to get credits.
The overall grade obtained in the course is the arithmetic mean of the partial grades given by the lecturers of the individual parts of the lecture.

Practical placement

Not foreseen.

Bibliography

A. EU INTERNATIONAL BANKRUPTCY LAW.
1) P. Filipiak, Podstawy wszczęcia wtórnego postępowania upadłościowego zgodnie z rozporządzeniem Rady (WE) nr 1346/2000, Warszawa 2013
2) M. Szydło, Jurysdykcja krajowa w transgranicznych sprawach upadłościowych w Unii Europejskiej, Warszawa 2009
3) A. Tim, Upadłość konsumencka w prawie polskim i niemieckim a praktyka forum shopping, internetowy Kwartalnik Antymonopolowy i Regulacyjny 2018, nr 6(7), www.ikar.wz.uw.edu.pl
4) Feliks Zedler (red.), Anna Hrycaj, Patryk Filipiak, Europejskie prawo upadłościowe. Komentarz, Warszawa 2011
5) R. Adamus, Prawo upadłościowe. Komentarz, Warszawa 2019 (komentarz do cz. II ustawy)

B. EU INTERNATIONAL LAW OF SUCCESSION.

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 2200-1W129N in USOSweb