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Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

Co-maternity, Gender Neutral Parentage and Multi-Parentage: New Challenges for Polish Private International Law in Matters of Filiation

Paulina Twardoch , Agata Kozioł

Language: PL | Published: 28-09-2023 | Abstract | pp. 5-37

The article presents new types of parentage, adopted in foreign legal systems. The analysis is carried out not only at the substantive law level, but also in terms of conflicts of laws that may emerge in Poland with regard to those new institutions. Firstly, the Authors explain why such new instruments should be characterised as covered by the scope of Polish conflict rules on filiation and not of those on adoption. Next, particular legal solutions, adopted in different states, concerning filiation are discussed and analysed from the perspective of the Polish private international law. Those foreign solutions are: co-maternity (established by operation of law or by the acknowledgment of a child by the co-mother), parentage based on gender neutral dispositions, and multi-parentage (resulting from a pre-conception agreement or from a judicial decision). Besides indicating which conflict rules (statutory or conventional) should be applied in order to identify the law applicable to particular kinds of those foreign institutions, the Authors also try to define the scope of the law applicable in this regard. Finally, the Authors  discuss circumstances in which the Polish public policy exception should intervene against  effects of the application of foreign rules concerning types of parentage unknown in the Polish legal system.

2023-09-28



Journal: Problemy Prawa Prywatnego Międzynarodowego (“Problems of private international law”)

Book VII of the Romanian Civil Code Provisions of Private International Law

Paulina Twardoch , Alexander Stan‑Otasevici

Language: PL | Published: 31-12-2013 | Abstract | pp. 165-198

The article discusses Book VII of the Romanian Civil Code, focusing on private international law provisions. It analyzes general principles such as qualification, renvoi, and uniformity of law, and details conflicts of laws in various areas: persons (natural and legal), family (marriage, parentage, adoption, parental authority, maintenance obligations), property (tangible, intangible, means of transport, securities, mortgages), succession, legal acts, obligations (contractual and non-contractual), bills of exchange, cheques, and trusts.

2013-12-31