Company Law in Poland: Between Autonomous Development and Legal Transplants

[in:] Ch. Jessel-Holst, R. Kulms, A. Trunk (ed.), Private Law in Eastern Europe, Tubingen 2010, p. 445-494

49 Pages Posted: 5 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: 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, Company Law in Poland: Between Autonomous Development and Legal Transplants (2010). [in:] Ch. Jessel-Holst, R. Kulms, A. Trunk (ed.), Private Law in Eastern Europe, Tubingen 2010, p. 445-494 . Available at SSRN: https://ssrn.com/abstract=3079494

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

Register to save articles to
your library

Register

Paper statistics

Downloads
32
Abstract Views
84
PlumX Metrics