When courts recognize foreign judgments contrary to the fundamental principles of the legal order of the Republic of Poland or in cases involving res judicata
As a rule, the court may not recognize a foreign judgment if it is inconsistent with a previously issued, final and binding judgment of a Polish court or a previously issued, final and binding judgment of a foreign court, meeting the conditions for its recognition in the Republic of Poland, in a case concerning the same claim between the same parties. Moreover, a foreign judgment cannot be recognized if its recognition would be contrary to the fundamental principles of the legal order of the Republic of Poland (public order clause) – Art. 1146 § 1 point 6 and 7 of the Code of Civil Procedure
These provisions do not apply if the decision of a foreign court states, in accordance with the provisions of that state on national jurisdiction, the acquisition by a person living or having its seat in the Republic of Poland of inheritance property located in the territory of a foreign country at the time of the testator’s death – art. 1146 § 3 of the Code of Civil Procedure.
This means that if a Polish citizen or a Polish institution inherits some property abroad, Polish courts must recognize it even if such inheritance of property would be contrary to the fundamental principles of the legal order, and even if the case had previously been judged differently. The purpose of this provision seems obvious – the Polish state does not want to harm its citizens when there is an increase abroad, even if the basic legal principles are against it.