Stwierdzenie treści oraz zastosowanie prawa obcego przez notariusza wykonującego zawód w Rzeczypospolitej Polskiej
Establishing content and application of foreign law by public notary in Republic of Poland

Summary/Abstract: There is no doubt that Polish courts are obliged to establish content and apply foreign law, if only it is a law applicable according to pertinent conflict of law rule. Nevertheless, there are serious doubts, in respect to the indicated issues, in relation to public notaries practising in Poland. Public notaries apply law in different manner than courts, therefore question arises whether public notary has an obligation to establish content and apply foreign law? Main purpose of this paper is answer to foregoing question. Moreover, it is intended to present mode of application of foreign law by public notaries and impact on this of private international law rules, especially public policy clause, overriding mandatory rules and rules applicable when content of foreign law can not be established. In this paper there are presented measures, which may be use by public notary in order to ascertain content of foreign law.

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