Prawo właściwe dla przelewu wierzytelności. Glosa wyroku Sądu Najwyższego z dnia 19 grudnia 2003 r. (III CK 80/02)
The law applicable to the voluntary assignment. Gloss to the Judgment of the Supreme Court of 19 December 2003, III CK 80/02

Summary/Abstract: The gloss describes the question of the law applicable to the voluntary assignment of a debt on the background of Polish private international law. Polish act on private international law of 1965 does not contain a conflict-of-law rule on voluntary assignment. The Supreme Court decided on which law should govern the voluntary assignment. First, the Court noted that the property aspects of an assignment cannot be governed by the law chosen by the parties. Second, it formulated the rule as follow: the assignment (property aspects of an assignment) shall be governed by the law applicable to the obligation assigned. It should be noted that the Rome Convention does not apply in Poland. However, this decision coincides with a Rome Convention's conflict-of-law rule on voluntary assignment. It must be remembered that in some Rome Convention Member States (e.g. The Netherlands) the voluntary assignment of a debt should be governed by the law chosen by the parties and this rule covers the property aspects of an assignment.

• Details
• Contents