Natural person
This term refers to the law of the country selected below.
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Natural person – definition
Every human being has legal capacity from birth and is treated by law as a natural person. Legal capacity means the capacity to be the holder of rights and obligations. Only an entity with legal capacity may, for example, be an owner, debtor or heir. Natural persons should be distinguished from legal persons (e.g. a limited liability company or a joint-stock company). Not every bankruptcy proceeding concerning a natural person is a “consumer bankruptcy”. The special procedure commonly referred to by this term applies, as a rule, to natural persons whose bankruptcy cannot be declared under the rules applicable to entrepreneurs. A natural person carrying on business is, while having bankruptcy capacity as an entrepreneur, subject to the general provisions of the Polish Bankruptcy Law. Applications for bankruptcy are heard by the bankruptcy court, which is a district court (sąd rejonowy) - a commercial court (sąd gospodarczy).
Legal basis: Article 8 of the Polish Civil Code; Article 18 and Article 491¹ et seq. of the Polish Bankruptcy Law.
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