Wyznaczanie statutu personalnego osób prawnych
Determination of the law applicable to the legal persons

Summary/Abstract: In the national jurisdictions determination of the law applicable to the legal persons is based on various connecting factors. Up till now the national conflict‑of‑law‑rules on the legal persons applicable in the UE member states haven’t been unified or harmonised by the secondary EU law. Either the freedom of establishment, as set out in the Treaty on the Functioning of the European Union, requires the application of the specific connecting factor for the determination for the law governing legal persons. Especially, it doesn’t exclude the application of the real seat theory by national jurisdictions as such. The Polish act on private international law with its seat connecting factor is traditionally based on the real seat theory. The real seat is in general the place where the legal person conducts the administration of its interests on a regular basis and which is ascertainable by third parties. In this subject the Polish regulation is compatible with the fundamental principles of the classic private international law and practically meets the requirements of the freedom of establishment guaranteed by the Treaty on the Functioning of the European Union.

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