Published: 2024-02-13

Legal Capacity and Capacity for Legal Actions of Natural Person in Polish-Ukrainian Relations

Maksym Shcherbyuk Logo ORCID

Abstract

The article is focused on issues related to the concept of legal capacity and capacity for legal actions in Polish-Ukrainian relations. The article presents a legal analysis of the doctrine, jurisprudence, domestic law and provisions of the 1993 Polish-Ukrainian Convention concerning legal capacity and capacity for legal actions. The author focuses on showing the differences between the two legal systems and proposes an autonomous interpretation of the above-mentioned concepts on the basis of the 1993 Convention binding Poland and Ukraine. Separate attention has been paid to the linguistic differences occurring in the translation of the concept of the capacity for legal actions in the 1993 Convention and the concept of capacity for legal actions in family and labour relations. While in the case of legal capacity no fundamental differences have been noted, the concept of the capacity for legal actions already contains such differences, given the broad understanding of this concept in Ukrainian law. The purpose of this paper was to prepare practical guidance for legal practitioners who will be assessing the legal effects of actions performed by Polish and Ukrainian citizens.

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Shcherbyuk, M. (2024). Legal Capacity and Capacity for Legal Actions of Natural Person in Polish-Ukrainian Relations. Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 34, 85–123. https://doi.org/10.31261/PPPM.2024.34.03

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Vol. 34 (2024)
Published: 2025-05-05


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

Licence CC Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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