https://doi.org/10.31261/PPPM.2014.14.01
The aim of the article is to present the issue of territorial non‑uniformity of law in the context of private international law and internal regulations of countries whose legal systems are non‑uniform. Determining the applicable law within such countries may cause several difficulties, unable to be solved only by application of the private international law. Therefore in such situations it is necessary to apply its internal collision norms. The article presents the issue of territorial non‑uniformity
of law from two different perspectives. The first one consists on analyzing the matter of non‑uniformity of law from the point of view of both Polish and foreign regulations of private international law. The analysis in this regard is conducted on the basis of Polish Acts on Private International Law from 2011, 1965 and 1926 as well as the EU regulations. One of the most common ways of dealing with the problem of inter‑regional conflict of laws consists on that if within the country whose law is applicable there are in force several distinctive legal systems, then the law of this country shall specify which of these systems shall apply. Such solution was adopted also by the Polish Act of Private International Law from 2011. The second perspective presents the issue of territorial non‑uniformity of law from the point of view of Spanish inter‑regional regulations. These norms specify the applicable law within the framework of legal relations limited to Spain, however they can also apply for those legal relations which include a foreign element. In such case the norms of inter‑regional law complement the norms of private international law. The article presents the rules of Spanish inter‑regional law in the historical, systems and practical view. The analysis is conducted on the basis of Spanish legislation, jurisprudence and legal doctrine. Descriptive and comparative character of the article provides a comprehensive view of the issue of territorial non‑uniformity of law as well as possible ways of its regulation both in Polish and foreign private international law. It also helps to answer the question of how to specify the applicable law if the Spanish law shall apply.
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Vol. 14 (2014)
Published: 2014-06-30
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
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