https://doi.org/10.31261/PPPM.2010.07.01
The author takes a view that a general provision, which would constitute a basis for the application of or giving an effect to the overriding mandatory provisions of the forum or of a third country, should be included in the new act on private international law. This conclusion is preceded by a historical and comparative analysis of the concept of the overriding mandatory provisions. The author presents the differences between art. 7 of the Rome Convention and art. 9 of the Regulation Rome I, and takes a position that the former is to be preferred. This is particularly because of the possibility to give an effect to the overriding mandatory provisions of the third country. Therefore, it should be seen as one of the advantages of the draft of the new private international law, that art. 9 of the draft, which concerns the overriding mandatory provisions, is modeled rather after art. 7 of the Convention and not after art. 9 of the Regulation Rome I. The author makes also a proposition how the terms such as “country where the obligations arising out of the contract are performed” and “unlawfulness of the performance of the contract”, as provided for in art. 9(3) of the Regulation, should be interpreted, in order to achieve the effect that the said provision could be understood as similar to art. 7(1) of the Convention as possible.
Download files
Citation rules
Cited by / Share
Licence
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
The Copyright Owners of the submitted texts grant the Reader the right to use the pdf documents under the provisions of the Creative Commons 4.0 International License: Attribution-Share-Alike (CC BY-SA). The user can copy and redistribute the material in any medium or format and remix, transform, and build upon the material for any purpose.
1. License
The University of Silesia Press provides immediate open access to journal’s content under the Creative Commons BY-SA 4.0 license (http://creativecommons.org/licenses/by-sa/4.0/). Authors who publish with this journal retain all copyrights and agree to the terms of the above-mentioned CC BY-SA 4.0 license.
2. Author’s Warranties
The author warrants that the article is original, written by stated author/s, has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author/s.
If the article contains illustrative material (drawings, photos, graphs, maps), the author declares that the said works are of his authorship, they do not infringe the rights of the third party (including personal rights, i.a. the authorization to reproduce physical likeness) and the author holds exclusive proprietary copyrights. The author publishes the above works as part of the article under the licence "Creative Commons Attribution-ShareAlike 4.0 International".
ATTENTION! When the legal situation of the illustrative material has not been determined and the necessary consent has not been granted by the proprietary copyrights holders, the submitted material will not be accepted for editorial process. At the same time the author takes full responsibility for providing false data (this also regards covering the costs incurred by the University of Silesia Press and financial claims of the third party).
3. User Rights
Under the CC BY-SA 4.0 license, the users are free to share (copy, distribute and transmit the contribution) and adapt (remix, transform, and build upon the material) the article for any purpose, provided they attribute the contribution in the manner specified by the author or licensor.
4. Co-Authorship
If the article was prepared jointly with other authors, the signatory of this form warrants that he/she has been authorized by all co-authors to sign this agreement on their behalf, and agrees to inform his/her co-authors of the terms of this agreement.
I hereby declare that in the event of withdrawal of the text from the publishing process or submitting it to another publisher without agreement from the editorial office, I agree to cover all costs incurred by the University of Silesia in connection with my application.
Vol. 7 (2010)
Published: 2010-12-31
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
English
Język Polski