Comparative View on Company Law in Poland: Between Autonomous Development and Legal Transplants

Instytut Allehanda, Working Paper 2/2010

47 Pages Posted: 2 Dec 2017

See all articles by Krzysztof Oplustil

Krzysztof Oplustil

Jagiellonian University in Krakow

Arkadiusz Radwan

Allerhand Institute; Vytautas Magnus University - Faculty of Law; Kubas Kos Gałkowski

Date Written: October 1, 2010

Abstract

The article attempts to analyze the origin of contemporary company law in Poland and to identify the actual driving forces of regulatory change over the last 20 years. The essay starts with identifying path-dependence issues and describes the overall cultural, economic and institutional setting in which the company law and legal practice must be seen. The pivotal part consists of study of foreign inspirations and legal transplants found in Polish company law today, including case-studies of successful and unsuccessful legal borrowing. It then turns to outlining the Polish company law and to analyzing the Polish corporate governance system. In the course of the analysis particular attention is paid to the identification of gaps between “law on books” and “law in action”, especially with regard to these legal institutions and legal provisions which bear prima facie resemblance to their German or other foreign prototypes, while revealing more or less significant differences upon closer. Summary and outlook conclude the study

Keywords: Legal Transplants, Legal Borrowing, Polish Company Law, Europeanisation of Company Law, Company Law Reform, CEE Business Law, German Legal Family

Suggested Citation

Oplustil, Krzysztof and Radwan, Arkadiusz, Comparative View on Company Law in Poland: Between Autonomous Development and Legal Transplants (October 1, 2010). Instytut Allehanda, Working Paper 2/2010. Available at SSRN: https://ssrn.com/abstract=3079485 or http://dx.doi.org/10.2139/ssrn.3079485

Krzysztof Oplustil

Jagiellonian University in Krakow ( email )

Collegium Novum
ul. Gołębia 24
Kraków, 31-007
Poland

Arkadiusz Radwan (Contact Author)

Allerhand Institute ( email )

Plac Sikorskiego 2/7
Kraków, 31-115
Poland

HOME PAGE: http://www.allerhand.pl

Vytautas Magnus University - Faculty of Law ( email )

Jonavos g. 66
Kaunas, LT-44191
Lithuania

Kubas Kos Gałkowski ( email )

Nowa Kamienica
ul. Rakowicka 7
Kraków, 31-511
Poland

HOME PAGE: http://www.kkg.pl

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