UWAGI NA TEMAT WYNAGRODZENIA SYNDYKA MASY UPADŁOŚCIOWEJ. PROBLEMY INTERTEMPORALNE

Abstract

The Authors discuss questions relating to legal bases for remuneration of a receiver in bankruptcy and of a receiver o f separated part of the estate in bankruptcy - with special taking into consideration of the doubts that have emerged because of recent changes in the law. Dressing a revision of some older and of some presently introduced legal regulations, the Authors devote much place to general intemporal issues of adequate procedure; they are trying to find the answer to a question which o f the provisions - the „older” or the „newest” should be applied after entering in force of the „new law” in case of proceedings that have been instituted before the entering mentioned but never ended, up to the present. The Authors ascertain the fact that not in every case a change of binding laws is being operated in enough simple and clear manner - from the point o f view o f an average addressee of legal norms. They are o f the opinion that such a difficult situation could be put in order by a simultaneous entering in force of adequate law and of executive regulations. The whole problem could be thus limited to skilful and proper application of the principle lex retro non agit - what should certainly appease present debates among receivers in bankruptcy - for whom remunerations admitted presently by the courts - in case of similar expenditure of work - do stray one from another in a too flagrant manner.