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Dr hab. Marian Masternak, prof. uczelni
ORCID: 0000-0002-2671-9158

Professor at the Institute of Law and Economics of the Kazimierz Wielki University in Bydgoszcz (formerly an employee of the Nicolaus Copernicus University in Toruń and the School of Humanities and Economics in Włocławek), specializing in administrative law, administrative (general, tax and enforcement) and administrative court proceedings. In the years 2005-2018, he managed Postgraduate Studies in Administrative Enforcement at the Nicolaus Copernicus University in Toruń; in the years 2001–2007 he was employed as a part-time member of the Local Government Appeal Board in Toruń; in the years 2002–2008 he was the Vice-Dean of the Faculty of Law and Administration of the Nicolaus Copernicus University in Toruń; in the years 2014-2016 he was a member of the Tax Law Consultative Council at the Ministry of Finance.

 
DOI: 10.33226/0137-5490.2020.4.3
JEL: K230

The subject of the article is the analysis of legal regulations regarding the rules of forced execution of public law obligations after the death of an entrepreneur by way of administrative execution directed to the assets constituting the inherited enterprise. These rules are different depending on whether the entrepreneur's death occurred during the pending enforcement proceedings or before the initiation of such proceedings. In the first case, after fulfilling the conditions specified in the law, the enforcement proceedings are continued, whereas the enforcement may be carried out only from assets constituting the inherited enterprise. In the second, in order to carry out enforcement from the inheritance enterprise's assets, administrative enforcement proceedings are initiated on a general basis. In both these situations the rights and obligations of the obligated are exercised by the manager of inheritance enterprise.

Keywords: inheritance enterprise; manager of inheritance enterprise; administrative enforcement proceedings