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Prawo właściwe dla grupy spółek

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Błaszczyk P.

Kwartalnik Prawa Prywatnego

2011

vol. 20

issue 1

59-113

This paper analyzes the problem concerning the law applicable to the corporate groups. The main purpose of the article is to establish the conflict of law rule applicable to the legal relations between companies within the corporate group. The concept of groups of companies is defined as an association of two or more companies dominated by a single entity. Polish law does not provide for comprehensive regulation in this subject. However, corporate groups - factual and contractual - are business reality and create numerous legal problems, which are currently solved on ground of the existing provisions of polish civil and commercial code. Especially problematic is the legal status of transnational groups of companies. The question is, whether internal relations in such groups should be regulated by the law applicable to the dominant company, the law of its subsidiaries or the law applicable to the whole group. Another possible solution is to consider polish civil and commercial code provisions as overriding mandatory rules. Due to the fact that in the polish doctrine there is contemporarily a wide discussion about the future polish regulations dealing with corporate groups, it is very important to present that subject also in the light of private international law.

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Prawo właściwe dla grupy spółek