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Mgr Jan Thlon
ORCID: 0000-0002-4571-8679

PhD student at the Faculty of Law, Administration and International Relations Andrzej Frycz Modrzewski Krakow University in Cracow. He has been specializing in bankruptcy law.

 
DOI: 10.33226/0137-5490.2021.8.4
JEL: G33

The main purpose of the article is an analysis of the knowledge of business managers in selected aspects of amended bankruptcy and restructuring law. The nature of the article is both theoretical and empirical. In the first part, the authors characterized insolvency law and its functions, and presented selected principles of bankruptcy law. As part of the empirical analysis, the authors conducted extensive primary research. The study was conducted using the CATI interview method on an effective sample of 389 entrepreneurs (owners/members of the Management Board) from the segment of large and medium-sized Polish enterprises. The subjective assessments of respondents regarding the scope and premises of liability of management board members as well as the competences and obligations of entities in bankruptcy/restructuring proceedings have been the main subject of the authors' interest. As a result of the conducted research, it was found that the surveyed managers mostly have knowledge of the premises for bankruptcy and the possibility of avoiding liability for the company's obligations. However, there are significant gaps in knowledge in other research areas. The conclusions of the study indicate that due to the intentions of the legislator pointing to the primacy of restructuring in relation to bankruptcy proceedings, there is a serious obstacle to the broad, practical implementation of this idea associated with the low awareness of the interested parties themselves.

Keywords: bankruptcy law; debtor; trustee; management board members liability