IDEAS home Printed from https://ideas.repec.org/h/gdk/chapte/16.html
   My bibliography  Save this book chapter

Do Polish Legal Perquisites To Declare Bankruptcy Correspond With Economic Ones?

In: ENTERPRISES IN UNSTABLE ECONOMY

Author

Listed:
  • Krzysztof Tapek

    (Jagiellonian University, Faculty of Law and Administration, Poland)

Abstract

In Polish legal practice it is often raised that legal perquisites to declare bankruptcy, contained in Polish Law on Bankruptcy and Reorganisation do not correspond with the conditions formulated by the economists. In the article the author will present current statutory premises to declare bankruptcy as well as the premises proposed by governmental board of experts as amendment to the regulation in force. The legal perquisites will be compared with the economic models of bankruptcy anticipation as well as with the legal models observed in other countries. In the summary the author will determine whether the present and proposed regulation correspond is some way with the economic rules of bankruptcy.

Suggested Citation

  • Krzysztof Tapek, 2015. "Do Polish Legal Perquisites To Declare Bankruptcy Correspond With Economic Ones?," GUT FME Conference Publications, in: Blazej Prusak (ed.),ENTERPRISES IN UNSTABLE ECONOMY, chapter 15, pages 197-210, Faculty of Management and Economics, Gdansk University of Technology.
  • Handle: RePEc:gdk:chapte:16
    as

    Download full text from publisher

    File URL: ftp://ftp.zie.pg.gda.pl/RePEc/gdk/chapte/ENTIME2015_CH_15.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    2. Viral V. Acharya & Krishnamurthy V. Subramanian, 2009. "Bankruptcy Codes and Innovation," The Review of Financial Studies, Society for Financial Studies, vol. 22(12), pages 4949-4988, December.
    3. Berkovitch, Elazar & Israel, Ronen, 1999. "Optimal Bankruptcy Laws across Different Economic Systems," The Review of Financial Studies, Society for Financial Studies, vol. 12(2), pages 347-377.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Gu, Yuqi & Zhang, Ling, 2017. "The impact of the Sarbanes-Oxley Act on corporate innovation," Journal of Economics and Business, Elsevier, vol. 90(C), pages 17-30.
    2. Lucian Arye Bebchuk, 2002. "Ex Ante Costs of Violating Absolute Priority in Bankruptcy," Journal of Finance, American Finance Association, vol. 57(1), pages 445-460, February.
    3. Nicola Gennaioli & Stefano Rossi, 2013. "Contractual Resolutions of Financial Distress," The Review of Financial Studies, Society for Financial Studies, vol. 26(3), pages 602-634.
    4. Bebchuk, Lucian Arye, 2001. "Ex Ante Costs of Violating Absolute Priority in Bankruptcy," CEPR Discussion Papers 2914, C.E.P.R. Discussion Papers.
    5. Gu, Leilei & Ni, Xiaoran & Peng, Yuchao & Zhang, Huilin, 2020. "Entry of foreign banks, state ownership, and corporate innovation," Pacific-Basin Finance Journal, Elsevier, vol. 61(C).
    6. Fu, Lili & Pan, Liyuan & Wu, Fengyun, 2021. "Does passive investment have a positive governance effect? Evidence from index funds ownership and corporate innovation," International Review of Economics & Finance, Elsevier, vol. 75(C), pages 524-545.
    7. Gu, Xian & Kadiyala, Padma & Mahaney-Walter, Xin Wu, 2018. "How creditor rights affect the issuance of public debt: The role of credit ratings," Journal of Financial Stability, Elsevier, vol. 39(C), pages 133-143.
    8. Acharya, Viral V. & Amihud, Yakov & Litov, Lubomir, 2011. "Creditor rights and corporate risk-taking," Journal of Financial Economics, Elsevier, vol. 102(1), pages 150-166, October.
    9. Acharya, Viral V. & Sundaram, Rangarajan K. & John, Kose, 2011. "Cross-country variations in capital structures: The role of bankruptcy codes," Journal of Financial Intermediation, Elsevier, vol. 20(1), pages 25-54, January.
    10. Gennaioli, Nicola & Rossi, Stefano, 2008. "Optimal Resolutions of Financial Distress by Contract," CEI Working Paper Series 2008-6, Center for Economic Institutions, Institute of Economic Research, Hitotsubashi University.
    11. Yaxuan Qi & Lukas Roth & John Wald, 2017. "Creditor protection laws, debt financing, and corporate investment over the business cycle," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 48(4), pages 477-497, May.
    12. Sadok El Ghoul & Omrane Guedhami & Chuck C Y Kwok & Ying Zheng, 2021. "The role of creditor rights on capital structure and product market interactions: International evidence," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 52(1), pages 121-147, February.
    13. King, Tao-Hsien Dolly & Wen, Min-Ming, 2011. "Shareholder governance, bondholder governance, and managerial risk-taking," Journal of Banking & Finance, Elsevier, vol. 35(3), pages 512-531, March.
    14. Michelle J. White, 2005. "Economic Analysis of Corporate and Personal Bankruptcy Law," NBER Working Papers 11536, National Bureau of Economic Research, Inc.
    15. Xiao, Gang, 2013. "Legal shareholder protection and corporate R&D investment," Journal of Corporate Finance, Elsevier, vol. 23(C), pages 240-266.
    16. Barry E. Adler & Vedran Capkun, 2023. "Secured credit and bankruptcy resolution," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(4), pages 719-745, December.
    17. Ning, Shuying & Lin, Zhiyang, 2023. "Effect of accounting information manipulation on innovation: Evidence from China," Emerging Markets Review, Elsevier, vol. 56(C).
    18. Dinev, Nikolay, 2017. "Voluntary Bankruptcy as Preemptive Persuasion," Economics Series 334, Institute for Advanced Studies.
    19. Sabrina T. Howell & Filippo Mezzanotti, 2019. "Financing Entrepreneurship through the Tax Code: Angel Investor Tax Credits," NBER Working Papers 26486, National Bureau of Economic Research, Inc.
    20. Barry E. Adler, 2012. "Game-Theoretic Bankruptcy Valuation," The Journal of Legal Studies, University of Chicago Press, vol. 41(1), pages 209-238.

    More about this item

    Keywords

    legal requirements to declare bankruptcy; economic requirements to declare bankruptcy;

    JEL classification:

    • D21 - Microeconomics - - Production and Organizations - - - Firm Behavior: Theory
    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gdk:chapte:16. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wojciech Drapinski (email available below). General contact details of provider: https://edirc.repec.org/data/wzepgpl.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.