Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Poland

Act on Private International Law dated 4 February 20111

Journal of Laws of the Republic of Poland of 15 April 2011

(No 80, item 432)

Chapter 1 General Provisions

Article 1

This act governs the applicable law for private law relationships connected with more than one state.

Article 2

  • If this act provides for the applicability of the law of nationality, a Polish citizen is subject to Polish law, even if the law of another state treats him or her as its citizen.

  • If a person is a citizen of two or more states, he or she is subject to the law of the state with which this person is most closely connected.

  • If, in order to establish the applicable law, this act requires that given persons are citizens of the same state, it suffices that the law of this state treats these persons as its citizens.

Article 3

  • If this act provides for the applicability of the law of nationality and it is not possible to establish the nationality of a given person, or if he or she does not have the nationality of any state, or it is not possible to establish the content of the law of nationality, then the law of the state in which the given person is domiciled will be applied; if there is no domicile, the law of the state in which he or she has habitual residence will be applied.

  • Paragraph 1 applies mutatis mutandis with respect to a person who has been afforded protection in a state other than the state of his or her nationality, and whose links with that state have been permanently broken, as a result of a violation of human rights therein.

Article 4

  • Where this act so provides, it is permissible to make a choice of the applicable law.

  • The choice of law shall be made expressly or clearly demonstrated by the circumstances of the case, unless the provision concerning the choice of law provides otherwise.

  • A choice of law made after the legal relationship has already been created shall not adversely affect the rights of third parties.

  • p. 3654If at the time of making the juridical act and before the law was chosen, the parties have complied with the formal requirements provided for in the law applicable to the form of the juridical act, its formal validity may not be questioned under the law chosen by the parties.

  • In determining whether the choice of law was made and whether it is valid, Articles 11, 17, 24 and 25 apply.

  • Paragraphs 2—5 determine the modification and revocation of the choice of law.

Article 5

  • If the foreign law that is indicated as applicable law by this act, refers back to the Polish law, the Polish law applies. ·

  • Paragraph 1 does not apply if the applicable law:

    • was determined by the parties’ choice of law;

    • concerns the formal validity of a juridical act;

    • concerns the contractual or non-contractual obligations, or obligations arising out of a unilateral juridical act, which are governed by the law determined in accordance with the provisions of this act.

Article 6

  • The applicable law, determined in accordance with the provisions of this act, encompasses the rules of public law, if they should be applied under the applicable law to a given legal relationship.

  • If the applicable applicable law determined under the provisions of this act contains rules that raise presumptions of law or allocate the burden of proof in relation to the given relationship, these rules apply.

Article 7

A foreign law shall not be applied, if its application would lead to consequences that are incompatible with the public policy of the Republic of Poland.

Article 8

  • The determination of a foreign applicable law does not prevent the application of the rule of Polish law, if it clearly results from their content or purpose that they should be applied to a given legal relationship irrespective of the law otherwise applicable.

  • When applying the law determined under the provisions of this act, effect may be given to the mandatory rules of another state with which the considered legal relationship has a close connection, if under the law of that state the rules in question should be applied irrespective of the law otherwise applicable to that legal relationship. In considering whether to give effect to these provisions, regard shall be had to their nature and purpose and to the consequences of their application or non-application.

Article 9

If, in the state whose law is as applicable, there are different legal systems in force, the law of that state determines which of the legal systems should apply. If there is no such determination, the legal system that has the closest connection with the legal relationship in question applies.

Article 10

  • If it is not possible to establish the circumstances upon which the application of the foreign law depends, the law of the state with which the legal relationship has the closest connection applies.

  • If it is not possible to ascertain the content of the foreign law within a reasonable time, Polish law applies.p. 3655

Chapter 2 Natural persons

Article 11

  • A natural person’s legal capacity and capacity to act is governed by the law of his or her nationality.

  • If a natural person makes a juridical act within the scope of his or her business, it suffices that he or she has the capacity to act under the law of the state in which the business is operated.

  • Paragraph 1 does not exclude the application of the law governing the juridical act, if it results from that law that there are specific requirements as to the capacity to make the juridical act in question.

Article 12

  • If the contract was concluded between persons present in the same state, a natural person who would have capacity under the law of that state may invoke his or her incapacity resulting from the law specified in Article 11 paragraph 1, only if at the time of entering into the contract the other party was aware of that incapacity, or was not aware thereof as a result of negligence.

  • A natural person making a unilateral juridical act who would have capacity under the law of the state in which the juridical act was made, may invoke his or her incapacity under the law specified in Article 11 paragraph 1 only if this does not adversely affect anyone who, despite having acted diligently, was convinced that the person making the juridical act had the capacity.

  • If a natural person acts through a representative, it is the circumstances on the part of the representative that decide about the prerequisites of the application of paragraphs 1 and 2.

  • The provisions contained in paragraphs 1 and 2 do not apply to juridical acts relating to family and succession law, or to transfers concerning immovable property located elsewhere than in the state in which the juridical act was made.

Article 13

  • The legal incapacitation of a natural person is governed by the law of his or her nationality.

  • If the Polish court decides on the legal incapacitation of a foreign citizen, Polish law applies.

Article 14

  • A presumption of death or a declaration of the death of a natural person is governed by the law of his or her nationality.

  • If the Polish court decides on the presumption of death or declaration of death of a foreign citizen, Polish law applies.

Article 15

  • The name and surname of a natural person is governed by the law of his or her nationality.

  • The acquisition or alteration of a name or surname is governed by the law applicable to the consequences of an event that leads to the acquisition or alteration of the name or surname. However, the choice of surname at the time of concluding or terminating marriage are governed by the law of the nationality of each of the spouses.

Article 16

  • The personal rights of a natural person are governed by the law of his or her nationality.

  • A natural person whose personal rights were threatened or infringed may claim protection under the Law of the state where the event giving rise to a threat or infringement has occurred, or under the law of the state where the consequences of the infringement occurred.

  • p. 3656If the infringement of a natural person’s personal rights occurs in the media, the law of the state in which the broadcaster or publisher has its seat or habitual residence determines the right to reply, rectify and similar protective measures.

Chapter 3 Legal persons and unincorporated entities

Article 17

  • A legal person is governed by the law of the state, in which it has its seat.

  • However, if the law determined under paragraph 1 refers to the law of the state according to which the legal person has been incorporated, that law applies.

  • The law determined under paragraphs 1 and 2 governs in particular:

    • the formation, merger, division, transformation and dissolution of a legal person;

    • the nature of a legal person;

    • the name and business name;

    • the capacity of a legal person;

    • the competences and rules of functioning, as well as appointment and dismissal of the members of the corporate bodies;

    • representation;

    • the acquisition and loss of the status of a shareholder or a membership and the rights and obligations pertaining thereto;

    • the liability of the shareholders or members for the obligations of the legal person;

    • the consequences of a breach of law, the act of incorporation or the articles of association by the representative of the legal person.

Article 18

  • If a legal person makes a juridical act within the scope of its business, it suffices that it has the capacity to make such an act under the law of the state in which the business is operated.

  • A legal person may invoke limitations as to its capacity or representation resulting from the law indicated by Article 17, paragraphs 1 and 2 as against the other party, if such limitations are not known under the law of the state in which the juridical act has been made, only if the other party was aware of them or was not aware thereof as a result of its negligence. This does not apply to dispositions of immovable property located in a state other than a state in which the juridical act has been made.

Article 19

  • Upon the transfer of the seat to another state, a legal person is governed by the law of that state. The legal personality acquired under the law of the state of the hitherto seat is preserved if the laws of each interested states so provides. The transfer of the seat within the European Economic Area does not result in the loss of legal personality.

  • A merger of legal persons having their seats in different states is completed if the requirements provided for in these states are satisfied.

Article 20

Article 16 mutatis mutandis applies to the protection of the personal rights of legal persons.

Article 21

The provisions of Articles 17—20 mutatis mutandis apply to unincorporated entities without legal personality.p. 3657

Chapter 4 Representation

Article 22

The statutory representation is subject to the law applicable to the legal relationship resulting in the power to act on behalf of another.

Article 23

  • The authority of an agent is governed by the law chosen by the principal. However, towards a third person, with whom the agent has made a juridical act, the chosen law can only be invoked if the third person was aware or could have easily learned about the choice of law. The principal may invoke the chosen law against the agent only if the latter was aware or could have easily learned about the choice of law.

  • In the absence of a choice, the authority of an agent is governed, as appropriate, by:

    • the law of the state in which the agent has a seat where he constantly operates, or

    • the law of the state in which the principal’s business is located, if it also constitutes the place where the agent constantly operates, or

    • the law of the state in which the agent actually acted while representing the principal, or in which the agent should have acted according to the intention of the principal.

Chapter 5 Making a juridical act and its form

Article 24

  • When determining whether the juridical act has been made, the law governing that juridical act applies.

  • A party claiming that he or she has not made a declaration of intent, may invoke the law of the state in which he or she has habitual residence, if it appears from the circumstances that it would not be justified to determine the effect of his or her conduct in accordance with the law specified in paragraph 1.

Article 25

  • The form of a juridical act is governed by the law applicable to that juridical act.

  • However, it suffices to satisfy the formal requirements provided in the law of the state in which the juridical act has been made. If a contract is concluded between persons who are in different states at the time when making the declarations of intent, it suffices to satisfy the formal requirements provided for such a contract in the law of either of these states.

  • The second and third sentences of paragraph 1 does not apply to dispositions of immovable property, or to juridical acts that relate to the formation, merger, division, transformation and dissolution of a legal person or an unincorporated entity without legal personality.

  • If the juridical act has been carried out by a representative, for the purposes of the second and third sentence of paragraph 1, the circumstances on the part of the representative are taken into consideration.

Chapter 6 Prescription of claims and the lapse of time

Article 26

The prescription of a claim is subject to the law applicable to the claim in question.p. 3658

Article 27

Article 26 mutatis mutandis applies to other legal institutions concerning the lapse of time.

Chapter 7 Obligations

Article 28

  • The law applicable to the contractual obligation is determined in accordance with Regulation (EC) No 593 /2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (O.J. UE L 177 of 04.07.2008, p. 6).

  • The contractual obligations that, under Article 1(2)(j), are excluded from the scope of application of the Regulation referred to in paragraph 1, are subject to the rules of the Regulation laid down with respect to a given obligation.

Article 29

  • If Polish law provides for compulsory insurance, the insurance contract is subject to Polish law.

  • If the law of a member state of the European Economic Area, which provides for compulsory insurance, determines its own law as applicable to the insurance contract, this law applies.

Article 30

  • Irrespective of the cases covered by the regulation referred to in Article 28, the parties’ choice of law of a state that is not a member of the European Economic Area for a contract that has a close connection with the territory of at least one member state, may not deprive the consumer of the protection afforded to him or her by provisions of Polish law that implement the following directives:

    • Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (O.J. L 95 of 21.04.1993, p. 29; O.J. Polish special edition, ch. 15, vol. 2, p. 288);

    • Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (O.J. L 144 of 04.06.1997, p. 19; O.J. Polish Special edition, ch. 15, vol. 3, p. 319);

    • Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (O.J. L 171 of 07.07.1999, p. 12; O.J. Polish special edition, ch. 15, vol. 4, p. 223);

    • Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directives 90/619/EEC, 97/7/EC and 98/27/EC (O.J. L 271 of 09.10.2002, p. 16; O.J. Polish special edition, ch. 6, vol. 4, p. 321);

    • Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (O.J. L 133 of 22.05.2008, p. 66, as amended);

  • If the law applicable to a contract that falls within the scope of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (O.J. L 33 of 03.02.2009, p. 10) is the law of a state that is not a member of the European Economic Area, the consumer may not be deprived of the protection afforded to him or her by provisions of Polish law implementing that directive:

    • if any of the immovable properties are located in a member state, or

    • in the case of a contract not directly related to immovable property, if the business entity pursues commercial or professional activities in a member state or, by any means, directs such activities to a member state, and the contract falls within the scope of these activities.

    p. 3659

Article 31

An obligation resulting out of the securities other than a bill of exchange or cheque are governed by the law of the state in which the security was issued.

Article 32

  • An obligation resulting out of a unilateral juridical act is subject to the law chosen by the person making this act. From the time when both parties of the obligation are specified, the choice of law, its modification or revocation, requires the consent of both parties.

  • In the absence of a choice of law, an obligation resulting out of a unilateral juridical act is subject to the law of the state, in which the person making this act has his or her habitual residence or seat. Where it results from the circumstances that the obligation is more closely connected with the law of a different state, the law of that state applies.

Article 33

The law applicable to an obligation resulting out of an event that is not a juridical act is determined in accordance with Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual Obligations (Rome II) (O.J. L 199 of 31.07.2007, p. 40).

Article 34

The law applicable to civil non-contractual liability arising from traffic accidents is determined in accordance with the Hague Convention on the Law Applicable to Traffic Accidents, of 4 May 1971 (O.J. of 2003, No 63, item 585).

Article 35

Civil liability for acts and omissions of authorities exercising public power in a given state is governed by the law of that state.

Article 36

The law governing the assigned claim determines the effects of the assignment as against third parties.

Article 37

The assumption of a debt is subject to the law of the state that governs the assumed debt.

Article 38

The impact of a change in the value of currency on the amount due under the obligation is governed by the law applicable to that obligation.

Chapter 8 Arbitration agreement

Article 39

  • Arbitration agreements are governed by the law chosen by the parties.

  • p. 3660In the absence of a choice of law, an arbitration agreement is subject to the law of the state, in which the place of arbitration designated by the parties is located. If the parties have not made such a designation, the arbitration agreement is governed by the law applicable to the relationship constituting an object of the dispute; it suffices, however, if the agreement is valid according to the law of the state in which arbitration proceedings are held, or the award was rendered by the arbitration tribunal.

Article 40

The formal validity of an arbitration agreement is governed by the law of the state in which arbitration takes place. It suffices, however, if the formal requirements of the law of the state governing the arbitration agreement are satisfied.

Chapter 9 Ownership and other property rights. Possession

Article 41

  • Ownership and other property rights are governed by the law of the state in which their object is located.

  • The acquisition and loss of ownership, as well as the acquisition and loss or alteration of the content of other property rights, is governed by the law of the state in which their object was located at the time when the event causing these effects occurred.

Article 42

The property rights to an aircraft, ship or rail vehicle are subject to the law of the state in which they are registered; in the absence of a register or entry therein — to the law of the state in which the aircraft, ship or rail vehicle has its home port, station or a similar site.

Article 43

The property rights to goods in transit are governed by the law of the state from which the goods were dispatched. If it results from the circumstances that these rights are more closely connected with the law of a different state, the law of that state applies.

Article 44

The rights to securities entered in an account within the securities settlement system are subject to the law of the state in which the account is managed.

Article 45

Articles 41—44 mutatis mutandis apply to possession.

Chapter 10 Intellectual property

Article 46

  • The creation, content and termination of rights to intellectual property are governed by the law of the state, in which they are exercised.

  • p. 3661Paragraph 1 also applies to the dispositions of the rights to intellectual property and to the determination of the priority of these rights.

  • The protection of the rights to intellectual property is subject to the law of the state under which the protection is sought.

Article 47

An employee’s rights against an employer, resulting out of intellectual property related to the employees pursuit of the activities under an employment relationship, are governed by the law applicable to that relationship.

Chapter 11 Matrimonial matters

Article 48

The ability to conclude a marriage is determined towards each of the parties by the law of his or her nationality as of the day when the marriage is concluded.

Article 49

  • The formal validity of a marriage is governed by the law of the state in which it is concluded.

  • If a marriage is concluded outside of the Republic of Poland, it suffices to comply with formal requirements provided for by the law of nationality of both spouses, or by the law of the place of their common domicile or habitual residence as of the day when the marriage is concluded.

Article 50

The consequences of the ability to conclude a marriage or of a failure to comply with formal requirements of marriage are determined by the law specified in Articles 48 and 49, respectively.

Article 51

  • The personal relations between spouses and the matrimonial property regime are governed by the law of the state of which both spouses are currently nationals.

  • In the absence of the common law of nationality, the law of the state in which both spouses are domiciled applies, and if spouses are not domiciled in the same state — the law of the state, in which both spouses have their habitual residence. If the spouses do not have their habitual residence in the same state, the law of the state with which both spouses are otherwise most closely connected applies.

Article 52

  • As the law applicable to their matrimonial property regime, the spouses are free to choose the law of nationality of one of the spouses, or the law where one of the spouses is domiciled or has habitual residence. The choice may also be made before the marriage is concluded.

  • The matrimonial property agreement is governed by the law chosen by the spouses in accordance with paragraph 1. In the absence of a choice of law, the matrimonial property agreement is governed by the law applicable to the spouses’ personal relationships and the matrimonial property regime, as of the day when the agreement was concluded.

  • In making the choice of law for the matrimonial property regime or matrimonial property agreement, it suffices to comply with the formal requirements established for the matrimonial property agreements in the chosen law, or in the law of the state in which the choice was made.p. 3662

Article 53

  • If, at the time when an obligation was created, the spouse and the third party creditor had their habitual residence in the same state, the law of that state determines the effectiveness of the matrimonial property regime against a third party, unless at the time when the obligation was created, the third party was aware of the character and content of the regime, or could have learnt of it, if he or she had exercised due care, or if requirements as to the publicity and registration under the law applicable to the matrimonial property regime, or — in the case of the property rights relating to immovable property — in the law of the state where the immovable property is located, were satisfied.

  • Paragraph 1 mutatis mutandis applies to the spouse’s liability for the debts incurred by the other spouse in providing for ordinary family needs.

Article 54

  • The termination of marriage is governed by the law of the state of which both spouses are nationals at the time when the termination of marriage is requested.

  • In the absence of a common law of nationality, the law of the state in which both spouses are domiciled at the time when the termination of marriage is requested applies, and if spouses are not domiciled in the same state at that time — the law of the state in which both spouses had their last habitual residence applies, as long as one of them has still his or her habitual residence there.

  • If the circumstances do not allow the applicable law to be determined pursuant to paragraphs 1 and 2, the termination of marriage is governed by Polish law.

  • Paragraphs 1 through 3 mutatis mutandis apply to a separation.

Chapter 12 Parent-child relationships

Article 55

  • The determination and challenge of the child’s filiation is governed by the child’s law of nationality as of the time of his or her birth.

  • If the child’s law of nationality as of the time of his or her birth does not provide for the judicial determination of fatherhood, the judicial determination of fatherhood is subject to the child’s law of nationality as of the time when filiation is determined.

  • The declaration of acknowledgement is governed by the child’s law of nationality as of the time of acknowledgement. If that law does not provide for the declaration of acknowledgement, the child’s law of nationality as of the time of birth applies, as long as that law provides for acknowledgement.

  • The declaration of acknowledgement of an unborn but already conceived child is subject to the mother’s law of nationality as of the time of acknowledgement.

Article 56

  • The law applicable to parental authority and access to children is determined in accordance with the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, of 19 October 1996 (O.J. L 151 of 11.06.2008, p. 39; O.J. of 2010, No 172, item 1158).

  • If the habitual residence of a child is transferred to a state that is not a party to the convention mentioned in paragraph 1, the law of that state determines, from the time of the transfer, the conditions under which measures adopted in the state of previous habitual residence may be made use of.p. 3663

Chapter 13 Adoption

Article 57

  • Adoption is governed by the law of nationality of the adaptive parent.

  • Adoption by a married couple is subject to their common law of nationality. In the absence of the common law of nationality, the law of the state in which both spouses are domiciled applies, and if spouses are not domiciled in the same state — the law of the state in which both spouses have their habitual residence. If the spouses do not have their habitual residence in the same state, the law of a state with which both spouses are otherwise most closely connected applies.

Article 58

Adoption cannot, however, take place without satisfying the requirements of the law of nationality of the person who is to be adopted relating to his or her consent, the consent of his or her legal representative, the permission from the relevant public authority, and the limits to adoption relating to the transfer of the domicile to another state.

Chapter 14 Guardianship and curatorship

Article 59

  • The law applicable to guardianship and curatorship is determined in accordance with the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, of 19 October 1996 (O.J. L 151 of 11.06.2008, p. 39; O.J. of 2010, No 172, item 1158).

  • If the habitual residence of a child is transferred to a state that is not a party to the convention mentioned in paragraph 1, the law of that state determines, from the moment of the transfer, the conditions under which measures adopted in the state of previous habitual residence may be made use of.

Article 60

  • Establishing a guardianship, curatorship or other protective measures for an adult is governed by that person’s law of nationality.

  • If the Polish court decides on the measures referred to in paragraph 1 with respect to a foreigner who is domiciled or has his or her habitual residence in the Republic of Poland, Polish law applies.

  • Exercising the measures referred to in paragraph 1 is subject to the law of the state in which the person affected by these measures has his or her habitual residence.

  • In cases referred to in Article 1107 paragraph 2 and 3 of the Code of Civil Procedure of 17 November 1964 (O.J. No 43, item 296), Polish law will apply. The same relates to the exercise of the adjudicated measures.

Article 61

The curatorship of a legal person is subject to the law of the state that governs that legal person.

Article 62

The curatorship to perform a particular matter is subject to the law of the state governing that particular matter.p. 3664

Chapter 15 Maintenance obligations

Article 63

  • The law applicable to maintenance obligations is determined by the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (O.J. L 7 of 10.01.2009, p. 1).

Chapter 16 Succession

Article 64

  • In a will or in another disposition upon death, a person may designate, as the law governing the succession, his or her law of nationality, the law of his or her domicile, or the law of his or her habitual residence as of the time of making the disposition, or as of the time of his or her death.

  • In the absence of the choice of law, succession is governed by the law of nationality of the deceased as of the time of his or her death.

Article 65

Subject to Article 66, the validity of a will or other disposition upon death is governed by the law of nationality of the deceased as of the time of making the disposition.

Article 66

  • The formal validity of a will, or its revocation, is determined in accordance with the Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions (O.J. of 1969, No 34, item 284).

  • The law determined in accordance with paragraph 1, mutatis mutandis applies to the formal validity of other dispositions upon death.

Chapter 17 Other legal relationships

Article 67

If this act, or the specific rules of law, or the ratified international conventions to which the Republic of Poland is o party, or the European Union law, do not determine the applicable Jaw for o relationship falling within the scope of this act, the law most closely connected with the relationship applies.p. 3665

Article 68

Articles 3 paragraphs 1, 6 and 7 of the Aviation Law of 3 July 2002 (O.J. of 2006, No 100, item 696, as amended) do not apply to relationships falling within the scope of this act.

[…]

Chapter 19 Ending provisions

Article 80

The Private International Law of 12 November 1965 (O.J. of 1965, No 46, item 290 as amended) is repealed, with the exception of provisions relating to maintenance obligations, which remain in force until 17 June 2011.

Article 81

The act enters into force 30 days after its publication**, with the exception of Article 63, which enters into force on 18 June 2011

Translation by Dr Maciej Zachariasiewicz, LL.M. (CEU), Kozminski University Law School, Warsaw (Poland), published in (2011) 8 Problemy Prawa Prywatnego Międzynarodowego 109–138. The editors with to thank the translator and the University of Silesia Press (Wydawnictwo Uniwersytetu Śląskiego) for their permission to reprint the translation.