Pojęcie osoby prawnej w prawie prywatnym międzynarodowym
Definition of a Legal Person in International Private Law

Summary/Abstract: The article concerns the meaning of the term “legal person” used by Polish legislator in section 3 of the Act on International Private Law of 2011. The Author analysis this termin the light of fundamental principles of international private law in the light of the main purpose of international private law which is to determine the applicable law. In substantive private law “legal persons” are only one category of legal entities. All they have incommon is the legal capacity, which still has to be confirmed by the applicable substantive law determined on the basis of appropriate conflict rules. The Author provides that on the ground of international private law legal persons and other legal entities are functionally the same categories which unite their organizational structure. Hence, this organizational criterion should be decisive for the determination of the applicable law. Therefore, a “legalperson” in the meaning of the section 3 of the Act on International Private Law should be simply defined as an organized entity. This definition allows to cover and determine the applicable law for all legal entities.

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