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Act of 4 February 2011

Private International Law

(O.J. 2011 No. 80, item 432;

in force from 16 May, 2011)

Chapter 1

General Provisions

Article 1.

This Act shall specify the law applicable to private law relationships connected with

more than one State.

Article 2.

1. If statutory law specifies the law of one’s nationality as applicable, a Polish

national shall be subject to Polish law, even if the law of another country

recognizes him as its own national.

2. A foreigner who is a national of two or more States shall be subject, as to the law

of his nationality, to the law of the country with which he is most closely

connected.

3. If the applicability of the given law is made dependent on whether certain persons

have the nationality of the same country, to consider that this requirement is met it

shall be sufficient that the law of that latter country recognizes them as its

nationals.

Article 3.

1. If the statutory law provides that the law of a person’s nationality shall apply, and

the nationality of this person cannot be determined, or this person is not a national

of any country, or the content of his national law cannot be ascertained, then the

law of the country of his place of domicile shall apply; in the absence of the place

of domicile, the law of the place of his habitual residence shall apply.

2. Provision of paragraph (1) shall accordingly apply to a person who was granted

the protection in the country other than the country of his nationality due to the

fact that its links with the country of nationality were breached because of

violations of fundamental human rights in that latter country.

Article 4.

1. In cases provided by the statutory law, the applicable law may be chosen by the

parties.

2. The choice of law shall be made expressly or shall clearly result from the

circumstances of the case, unless the provision allowing a choice of law provides

otherwise.

3. The choice of law made after the conclusion of a legal relationship shall not

adversely affect the rights of third parties.

4. If, at the performance of a juridical act and before the choice of law had been

made, the requirements regarding the form provided by the law applicable to the

form of this act were observed , the validity of the act cannot be challenged

based on the law applicable to it as the effect of that choice.

5. In determining whether the choice of law was made and in examining the validity

of the choice of law, the provisions of Articles 11, 17, 24 and 25 shall apply.

6. Provisions of paragraphs 2 to 5 shall apply to the change or rescission of the

choice of law.

Article 5.

1. If the foreign law specified as applicable by this Act specifies Polish law as

governing the given relationship, then Polish law shall apply.

2. The provision of paragraph 1 shall not apply where the specification of the law

applicable:

1) was the effect of the choice of law;

2) concerns the form of a juridical act;

3) concerns contractual or non-contractual obligations, or obligations arising from

unilateral acts, which are governed by the law applicable specified by the

present Act.

Article 6.

1. The law specified as applicable by this Act shall also include the provisions of

public law which, according to the law governing the given relationship, shall

apply to it.

2. If the law applicable to the given relationship contains provisions establishing legal

presumptions, or other rules determining the burden of proof, such provisions

shall apply.

Article 7.

Foreign law shall not apply, should the effects of its application be contrary to the

fundamental principles of the legal system of the Republic of Poland.

Article 8.

1. Specification of a foreign law shall not exclude the application of those provisions

of Polish law from the content or purpose of which it follows unequivocally that

they govern the given legal relationship irrespective of the law applicable thereto.

2. When applying the law governing the legal relationship, effect may be given to the

mandatory provisions of the law of another country with which the given legal

relationship has a close connection, if under the law of the latter country those

provisions are applicable irrespective of the law governing the given relationship.

In considering whether to give effect to those mandatory provisions, regard shall

be had to their nature and purpose and to the consequences of their application

or non-application.

written permission of its author except in the case of brief quotations in articles and of any other academic use.

Article 9.

If within the country whose law is applicable there are in force several distinctive

legal systems , then the law of this country shall specify which of these systems shall

apply. In the absence of such a specification, the legal system which is most closely

connected with the given relationship shall apply.

Article 10.

1. If the circumstances on which the applicability of a law depends cannot be

established, then the law which is most closely connected with the relationship shall

apply.

2. If the content of the applicable foreign law cannot be ascertained within

reasonable time, then Polish law shall apply.

Chapter 2

Natural persons

Article 11.

1. Legal capacity of the natural person and his or her capacity to effect juridical acts

(legal transactions) shall be subject to the law of his or her nationality.

2. Where the natural person enters into a juridical act within the scope of his or her

business activity, it shall be sufficient that his or her capacity be governed by the

law of the country where his or her place of business is situated.

3. The paragraph (1) shall not preclude the application of the law to which the

juridical act is subject, if this law establishes specific requirements as to the

capacity to effect such an act.

Article 12.

If a contract is entered into between the persons in the same country, the natural

person who has the capability to conclude the contract according to the law of that

country may invoke his incapacity resulting from the rights mentioned in Article 11

(1) only if at the time of the contract the other party was aware of the incapacity or

was not aware due to his own negligence.

If the natural person effecting a unilateral juridical act would have had the

capability to perform the act according to the law of the place where it was

effected, he or she may invoke his or her inability arising from the law designated

in Article 11 (1) only if it brings no prejudice to those who, acting with due

diligence, relied on the assumption that the person making the transaction was

capable to perform such an act.

If the person effects the juridical act through his representative, in determining the

conditions for applying the provisions of the paragraph (1) and (2), circumstances

concerning the representative shall be taken into account.

The provisions of the paragraphs (1) and (2) shall apply neither to juridical acts in

the field of family and guardianship law, and inheritance law nor to the acts relating

to property located in the country other than where such acts have been made.

written permission of its author except in the case of brief quotations in articles and of any other academic use.

Article 13.

1. Incapacitation is governed by the law of nationality of the person concerned.

2. If the Polish court decides on the incapacitation of a foreigner, Polish law shall

apply.

Article 14.

1. Declaration of death of a person lost shall be subject to his or her national law. The

same rules shall apply to the determination of the death or of the time of one’s

death.

2. Where Polish court decides on the declaration of death, or on the determination of

the death (of the time of death) of a foreigner, then Polish law shall apply.

Article 15.

1. The name of the natural person is subject to his law of nationality.

2. The acquisition or change of the name or surname shall be governed by the law

applicable to the assessment of events which led to the acquisition or change of

name or surname. The choice, however, of the names at the conclusion or

termination of marriage shall be governed by country of his nationality of each of

the spouses.

Article 16.

1. The rights of personality of a natural person shall be governed by the law of his

nationality.

2. The natural person whose rights of personality are threatened by the violation or

have been adversely affected may claim protection under the law of the country in

whose territory the event giving rise to the risk of infringement or to the violation

took place, or under the law of the country in whose territory the effects of the

infringement occurred.

3. If the breach of rights of personality of a natural person took place in the mass

media, the right to reply, correction, or other similar safeguard measures shall be

subject to the law of the country in which the broadcaster or publisher is

established or has his habitual residence.

Chapter 3

Moral Persons and Other Organizational Entities

Article 17.

1. Moral person shall be subject to the law of the country in which it is seated.

2. If, however, the law specified in the paragraph (1) refers to the law of the country

according to the law of which the moral person was established, the law of the

latter country shall apply.

3. The law specified in paragraphs (1) and (2) shall govern in particular:

1) formation, merger, division, transformation or dissolution of the moral person;

2) legal character of the moral person;

written permission of its author except in the case of brief quotations in articles and of any other academic use.

3) the individual name and the business name of the moral person;

4) legal capacity of the moral person;

5) sphere of competence and the rules of functioning as well as the appointing

and the dismissing of the members of its organs;

6) rules of the representation;

7) the acquisition and the loss of the status of the shareholder, or of the

membership in the moral person, and the rights and obligations connected

therewith;

8) responsibility of the shareholders or of the members for the debts of the moral

person;

9) legal effects of the breach by a person representing the moral person of the

law, articles of association or the statutes.

Article 18.

1. If the moral person shall perform the juridical act within the sphere of its business

activity, it shall be sufficient for this person to have the ability to act under the law

of the country in which its place of business is situated.

2. Where no restrictions of the ability or representation of the moral person are

provided in the country in which the juridical act was made, the moral legal person

may rely upon such restrictions under the law designated in Article 17(1) and (2)

against the other parties only if the other party is aware of them or he did not

know about them because of negligence. This provision shall not apply to the

juridical acts concerning the alienation of real property in a country other than that

where juridical act was performed.

Article 19.

1. After the seat of the moral person has been moved to another country, the moral

person shall be subject to the law of this country since the moment of the

transmission. Legal personality obtained under the law of the previous seat shall

be maintained, if it is provided by the law of each of the countries concerned.

Transmission of the seat within the European Economic Area shall never lead to

loss of moral personality.

2. The merger of moral persons seated in different countries requires the completion

of the requirements specified in the law of all these countries.

Article 20.

The provisions of Article 16 shall apply

mutatis mutandis

to the protection of

personal interests of legal persons.

Article 21.

The provisions of Article 17 to 20 shall apply

mutatis mutandis

to the organizational

entities devoid of the legal personality.

written permission of its author except in the case of brief quotations in articles and of any other academic use.

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