Hesitant Enterprise Bankruptcy Law Reform: A Missed Opportunity to Resolve “Zombie Companies”?

2016 ◽  
Author(s):  
Natalie Mrockova
Author(s):  
Porzycki Marek ◽  
Rachwał Anna

This chapter discusses the law on creditor claims in Poland, where a comprehensive insolvency law reform is ongoing. In May 2015, Parliament adopted the final text of the Restructuring Law (RL). Due to enter into force on 1 January 2016, it will cover four restructuring proceedings: arrangement approval; fast arrangement; arrangement; and reorganization. Their common aim will be rescuing the debtor’s enterprise via an arrangement adopted by a majority of creditors. They will apply in case of both threatened and actual insolvency, and replace the current reorganization bankruptcy and rarely used rehabilitation proceedings. The existing Bankruptcy and Rehabilitation Law will have its provisions on reorganization bankruptcy and rehabilitation proceedings repealed, and be renamed ‘Bankruptcy Law’. The chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.


2014 ◽  
Vol 20 (2) ◽  
pp. 144-150 ◽  
Author(s):  
Femi Akerele

SummaryIssues relating to the consent of individuals under 18 years of age in England and Wales are covered by the Family Law Reform Act 1969, the Children Act 1989, the Mental Health Act 1983 (to some extent) and case law. Legislation on the consent of minors to hospital admission and treatment is complicated and contradictory, leaving clinicians unsure when to rely on the consent of the minor or that of someone with parental responsibility. This article reviews the concept of the zone of parental control (ZPC), introduced in England in 2008. It argues that this concept is too vague and subjective to provide any clear guidance on who can give consent for a minor's admission and treatment.LEARNING OBJECTIVES•Understand the concept of the ZPC and its relevance to clinical practice.•Determine the appropriate legal source of consent or refusal for children and young people.•Consider using formal powers (as against parental consent) with children and young people refusing admission and/or treatment.


1996 ◽  
Vol 5 (1) ◽  
pp. 37-67
Author(s):  
Daniel Fitzpatrick ◽  
Alistair Wyvill
Keyword(s):  

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