Supreme Court allows administrative termination of perpetual land use rights unless they form part of bankruptcy estate.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court resolved a legal question regarding the termination of perpetual land use rights in bankruptcy proceedings. The Court held that administrative decisions to terminate such rights are permissible under specific land management statutes, but prohibited when the right constitutes part of the debtor's bankruptcy estate. Consequently, the Court ruled that bankruptcy trustees must apply insolvency law principles, specifically prohibiting administrative organs from terminating rights that are legally part of the bankruptcy mass.
Regesto Legislator
Generato dall'IAArt. 26 ust. 2 i 3 ustawy o gospodarce gruntami; Art. 51 § 3 Prawa upadłościowego: Administrative termination of perpetual land use rights is permissible unless the right forms part of the bankruptcy estate, in which case insolvency law prohibits such action by administrative organs.