Università Cattolica del Sacro Cuore

Poland

Substantive law

  • Poland country report of the International Guardianship Association.

 

Procedural law

 

Private international law

  • Jurisdiction. Code of Civil Procedure, Part IV, available in Polish and English
  • Applicable law. Act on Private International Law of 4 February 2011, Journal of Laws of the Republic of Poland of 15 April 2011, No. 80, item 432.
  • Recognition and enforcement of decisions of incapacitation. Code of Civil Procedure, art. 11471, available in Polish and English.

 

Case-law specifically concerning the cross-border protection of adults

Polish Supreme Court, III CPZ 24/19, 8 November 2019, on the issue of jurisdiction to rule on the authorization that a guardian of an adult may need to obtain prior to selling property belonging to the latter. Text in Polish; summary and presentation of the case in English, Anna Wysocka-Bar. Absence of Polish jurisdiction and recognition of foreign judgment: “It is obvious that the family court of the place of residence of the person lacking full legal capacity, which appointed the guardian, placed the ward in the care home and supervises the protection, is best informed about the concerned adults’ circumstances, conditions, views and needs, i.e. the factors that play a crucial role in deciding whether the transaction ought to be authorised”.