The effects of the assignment of future rent claims by the entity against which the restructuring proceedings were subsequently opened

Abstract

In the theory of law and the jurisprudence of courts, there is a dispute as to when and in whose property there is a disputable effect of making the assignment of future rent claims. Three concepts presented by theoreticians of civil law lead to different legal consequences. The practical importance of the above dispute has far-reaching effects under the restructuring law in the event that the restructuring proceedings were subsequently opened against the assignor. From the perspective of Polish private law, the theory of the pass-through acquisition of claims is more convincing, what in the event of the subsequent opening of restructuring proceedings against the assignor, that the claims arising after the arrangement date are included in the arrangement/remedial estate. The adoption of a different concept may justify the examination of the assignment of future claims from the perspective of ineffectiveness against the arrangement/remedial estate.