Abstrakt: | The article focuses on problems with the determination of foreign law. According
to Polish regulations, the court is obliged to ascertain the content of the applicable
law of its own motion. However, obstacles might be encountered in the process, which
effectively hinder the procedure. The author discusses the question whether the provision
of Art. 10 S. 2 of the 2011 Act on Private International Law is a functional solution,
especially as regards the statutory criterium of “reasonable time”. Namely, the court’s
efforts to determine the content of the law applicable should be undertaken within a time
limit deemed as “reasonable”, given the facts of the case and the need to resolve it in an
effective way. The court is obliged to undertake all available measures to ascertain the
content of applicable law, having in mind that it cannot lead to a situation where the parties’
interests would be frustrated by the process taking too long. Should the court find
that the determination of foreign law is not possible within reasonable time, according
to Art. 10 s. 2 of the Act cited above it is obliged to apply Polish law as a last resort. In
the article it is analyzed whether the present statutory regulation fulfills its role, as expected
in the law‑making
process. The author concludes that this provision is a flexible
solution, allowing the court to assess the situation in a given case and reach a decision
taking into account all the important issues. There is no need modify the law, especially
by introducing a more detailed provision. |