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No. 26-27 (1970)
Artykuły

Good faith in private international law within the framework of article 10 of the law of 12 November 1965

[Good faith in private international law within the framework of article 10 of the law of 12 November 1965]

  • Kazimierz Przybyłowski

Published 2023-04-30

Keywords

  • good faith,
  • private international law,
  • applicable law,
  • conflict of law rules,
  • capacity,
  • foreigner
    • ...More
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This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

Good faith in private international law within the framework of article 10 of the law of 12 November 1965: [Good faith in private international law within the framework of article 10 of the law of 12 November 1965]. (2023). Studia Prawnicze The Legal Studies, 26-27, 184-191. https://doi.org/10.37232/sp.1970.26-27.15

Abstract

The Act of 12 November 1965 on Private International Law resolves, inter alia, the problem of the jurisdiction of the law when a foreigner performs a legal act on the territory of a given state. The author of the article discusses Article 10 of the Act, in which the legislator makes the jurisdiction of Polish law contingent on the protection of persons acting in good faith. Two different approaches are presented. One of them takes into account whether the other party knew or should have known of the foreigner's incapacity. The other one does not. The author presents the history of Polish regulations in this matter citing the achievements of Polish pre-war doctrine. In addition, additional specific issues concerning the problem of good faith in private international law are also covered.