Umowy przedwstępne w prawie prywatnym międzynarodowym
Preliminary Agreements in Private International Law

Summary/Abstract: Preliminary agreements play an important role in the practice of both state and international trade. These are agreements in which one of the parties or both parties commit to conclude any other agreement named a final agreement. According to a prevailing opinion in Poland a preliminary agreement may oblige to conclude not only an obligation agreement but also other agreements (e.g. inheritance division agreement). Establishing the law applicable for a preliminary agreement shall take place in accordance with the instructions arising from Rome I Regulation. Under Article 3 of the Regulation the law applicable shall be chosen by the parties to the preliminary agreement. If the law applicable has not been chosen, it shall be determined pursuant to Article 4, Paragraphs 2—4 of the Regulation. Article 4, Paragraph 2 shall be applied while determining the law applicable for a preliminary unilaterally obliging agreement. Under the paragraph, the law applicable shall be the law of the country where the party obliged to conclude the preliminary agreement has his habitual residence. The result may be corrected under Article 4, Paragraph 3 of the Regulation. In search of the law applicable for a preliminary bilaterally binding agreement Article 4, Paragraph 4 of the Regulation shall apply. We shall search for the law of the country with which the preliminary contract, considering all other circumstances, is most closely connected. Admissibility of the preliminary contract shall be assessed by the law applicable to it. However, admissibility of preceding a specific agreement by a preliminary agreement shall be assessed in accordance with the law applicable for the future agreement (final agreement).

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