The proportional fee in the case of voluntary performance of the debtor during executory proceedings — economic analysis

Abstract

The aim of this article is analyzing legal changes concerning the issue of proportional fee in the case of the debtor’s voluntary performance during executory proceedings. The main point is to show the progress of this law institution over the years and highlight the chosen method of analysis, which is the economic analysis of law. The author tries to make an evaluation of this law institution in terms of its economic efficiency — both in the general and unitary variations. The analysis of this particular law regulation makes it possible to show different kinds of alternative debtor attitudes and which variant of debtors’ behavior is the one meeting the criteria of profit maximization and loss minimization.