The above issue is inherent in civil cases of an international nature
The governing law is often entered by the parties at the conclusion of the contractual relationship – that is, in the contract. This is the so-called a choice of law clause, where the parties themselves choose what law will govern the validity and evaluation of the contract, as well as supplement its provisions. Most often, the law of one of the parties is chosen, or any other law known to the parties that will give them a sense of legal security. What happens if the parties do not choose the applicable law, or there is no contract between the parties, but an obligation has arisen?
This answer is sought by the branch of law known as private international law. Poland has a Private International Law Act, where you can start your search. It is also important to keep in mind the EU’s regulations of the so-called Rome I – for contractual obligations and Rome II for non-contractual obligations (e.g., torts).
The problem arises when one of the parties is located in a non-EU country. It may then become necessary to seek a convention or agreement between the countries of the parties or the EU and the country of one of the parties, which can resolve questions of applicable law. Sometimes it will be necessary to resort to the private international law rules of a non-EU country.
