The primary objective of this research is to provide an economic analysis of restitution claims within the context of bankruptcy. Since bankruptcy is a legal-economic institution, its occurrence halts a merchant's economic activities and directly impacts a nation's economic landscape. One type of claim that may arise during bankruptcy is the restitution claim—involving the recovery of assets or documents—brought by a third party against a merchant, or conversely, by a merchant against a third party. Economic considerations can serve as the foundation for establishing and implementing rules governing restitution claims in bankruptcy. The advantage of this perspective—compared to the rationales found in the traditional approach—is that the restitution of assets and documents is oriented toward maximizing the recovery of capital into the merchant’s estate. Consequently, a restitution claim initiated by a merchant against a third party is considered the general rule, while a claim by a third party against a merchant is viewed as the exception. By adopting this modern perspective—through the interpretation, amendment, and application of relevant regulations—it becomes possible to facilitate the conclusion of composition agreements (settlement arrangements) and the restoration of the merchant's commercial standing. This, in turn, helps prevent the closure of economic enterprises and mitigates the adverse consequences associated with such closures.

Keywords: Restitution claim, bankrupt merchant, specific asset (in specie).