Effective counsel on international trade with the Kingdom of the Netherlands
Our team has successfully assisted entrepreneurs in resolving intricate issues of private international law. Our law firm was contacted by a Dutch company which faced a complicated case of cross-border sale of goods and delivery from Poland. Additionally, during the process of providing services, the issue of the procedure and effectiveness of fiduciary transfer of ownership became apparent. This civil law institution is regulated differently in Polish and Dutch legal systems.
Our lawyers conducted an in-depth analysis of international law
In order to provide adequate legal aid, it was necessary to carry out an examination of both legal orders and the conflict-of-law rules that determine the applicability of national law. In order to provide adequate legal aid, it was necessary to carry out an examination of both legal orders and the conflict-of-law rules that determine the applicability of national law. In the European Union, such issues are resolved by European Community law, specifically in this case regulating jurisdiction Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis) and regulating the law applicable to contractual obligations in civil and commercial matters Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
Determining the applicable legal order was fundamental to the effectiveness of fiduciary transfer of ownership and components of the insolvency estate
In the circumstances of the presented case, it was crucial to determine whether the fiduciary transfer of ownership made in the form of a declaration had been effective between the contracting parties. As one party had declared bankruptcy, the determination of the applicable law depended on whether the trustee would take over the delivered goods, the ownership of which, in accordance with Polish law, had passed to the contracting party at the moment the contract was signed. Ultimately, in the opinion issued, our experts made it clear that the case would be decided by a Dutch court, however, based on the norms of Polish law. As a result, the fate of the goods was ultimately decided in accordance with the will and interests of the client we represented.
