Zbycie przedsiębiorstwa (w znaczeniu przedmiotowym) w prawie prywatnym międzynarodowym
Divestiture of the Entirety of the Assets of the Enterprise in Private International Law

Summary/Abstract: The article focuses on the question of the law applicable to the sale or lease of the entirety of the assets of the enterprise in private international law. The author adopts the understanding of an enterprise in terms of its subject matter — a collection of assets tradable on a contractual or statutory basis (e.g., inheritance). The paper focuses on acts concerning an enterprise, which are effectuated between the living (inter vivos). The issue of acquiring an enterprise mortis causa is not covered. The main thesis defended in the article is the interpretation about the uniform law applicable to the right to an enterprise in the conflict of laws (as an opposite view to the concept of the severance of the law applicable to the enterprise). The text consists of the following parts: 1) comparative remarks, 2) transfer of an enterprise in the norms of uniform law, 3) determination of the law applicable to an enterprise, 4) scope of the law applicable to the enterprise in conflicts law, 5) the law applicable to contracts involving an enterprise, 6) the law applicable to the liability of the purchaser for the debts of an enterprise, 7) conclusion.

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