Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 9-28
This article analyzes the consequences of the entry into force in Poland of the 1980 Rome Convention on the law applicable to contractual obligations. The author discusses the scope of application of the Convention, the rules for determining the applicable law (including the choice of law by the parties and presumptions), as well as exclusions from the scope of the Convention. The article also addresses the issue of conflicts between the Convention and other provisions of international and domestic law, including the Vienna Convention on the International Sale of Goods. It points to the need to repeal by bilateral agreements those provisions of bilateral conventions that conflict with the Rome Convention.
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 29-53
This article analyzes the impact of the Vienna Convention on the International Sale of Goods on contract law, with particular emphasis on contractual liability. The author discusses the limits of the Convention's application, emphasizing the role of extra-conventional regulations, such as the Principles of European Contract Law (PECL) and the UNIDROIT Principles, in filling gaps and interpreting provisions. The author indicates the need for harmonization of contract law on an international scale, and also analyzes the role and importance of non-binding sets of rules of contract law.
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 55-81
This article analyzes the concept of the "Community element" as a prerequisite for the application of a jurisdiction agreement under Article 23(1) of Council Regulation No. 44/2001. The author critically examines the so-called "reduction theory", which assumes the necessity of a connection with at least two Member States for the application of the Regulation. He points to the case law of the ECJ, which favors a broader scope of application of the Regulation. The author concludes that the Regulation should apply to any jurisdiction agreement affecting the jurisdiction of the courts of the Member States, regardless of the existence of a "Community element".
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 83-97
This article analyzes the admissibility of choosing the law applicable to the form of a legal action in Polish private international law, in the context of the principle of party autonomy. The author discusses the controversies related to the interpretation of Article 12 of the 1965 Private International Law Act, which indicates the jurisdiction of legis causae and legis loci actus for the form of a legal action. The article also addresses the issue of multiple choice of law, its impact on the form of a legal action, and the effects of subsequent choice of law. The author concludes that under the current regulations, as well as the draft of the new act, the choice of law for the form of a legal action is not allowed.
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 99-114
This article analyzes the issue of abuse of rights in the context of prorogation agreements under Council Regulation (EC) No 44/2001. The author examines the conditions for the effectiveness and admissibility of such agreements, including formal requirements and limitations. Particular attention is paid to the allegation of abuse of rights, including the exploitation of the economic advantage of a party, and its significance for the validity of the prorogation agreement. The article discusses case law, including judgments of the European Court of Justice, on the issue of abuse of rights in prorogation agreements. The author concludes that in the current legal status, the plea of abuse of rights has limited significance in the context of prorogation agreements, and that Regulation No 44/2001 provides sufficient protection for weaker parties to the contract.
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 115-147
The article analyzes the issue of contracts concluded by the European Community with private entities. It discusses the types of contracts, the representation of the EC, and the competent court for resolving disputes. The paper then focuses on the question of applicable law to such contracts, particularly in light of the 1980 Rome Convention. It identifies difficulties in determining the applicable law, especially when the parties have not made a choice of law. The article also addresses the scope of application of the applicable law in the context of European Community law.
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 149-176
This article examines the European Enforcement Order (EEO) in Poland, focusing on Poland's role as the enforcing state. The author discusses the principles of enforcement proceedings under the EEO, including the enforcement clause and debtor's defenses. The provisions of Regulation No. 805/2004 and their impact on Polish law, including the Code of Civil Procedure, are analyzed in detail. The article also addresses controversies surrounding the EEO, such as the inability to examine the grounds for refusal of enforcement in the enforcing state.
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 177-187
This article analyzes the decision of the Supreme Court of January 8, 2004 (I CK 39/03) regarding the law applicable to the form of a legal act. The case concerned a contract for the sale of shares in real estate located in Poland, concluded in South Africa. The Supreme Court ruled that the contract was valid because it met the requirements for the form of a notarial deed provided for by the law of the Republic of South Africa. The author of the annotation critically assesses the position of the Supreme Court, pointing to doubts related to the legalization of a foreign document and the admissibility of completing the form of a notarial deed before a foreign notary.
Language:
PL
| Published:
31-12-2007
|
Abstract
| pp. 189-203
This article analyzes the judgment of the Supreme Court of 3 February 2006 (II PK 152/05) regarding the law applicable to the insurance contract for accident insurance concluded for the benefit of a third party. The author critically assesses the Supreme Court’s position, indicating the omission of the provisions of German law, which was the law applicable to the contract. The article also addresses the issue of the conflict-of-laws qualification of the claim of the insured person against the policyholder for the transfer of the insurance benefit. The author proposes a solution in which the law applicable to this claim would depend on the existence of an "internal relationship" between the policyholder and the insured.