Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 13-34
The article analyzes the issues regulated in Article 3(3) and Article 7 of the Rome Convention and in the relevant provisions of the EU Regulation on the law applicable to contractual obligations (Rome I). The author focuses on the issue of the "internationality" of the contract as a condition for the application of conflict of laws rules, the substantive choice of law, and mandatory rules. It discusses in detail the scope of application of the Rome Convention and the Rome I Regulation, and also analyzes the provisions on choice of law and mandatory provisions.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 35-61
The article analyzes the issue of qualifying culpa in contrahendo in private international law. The author draws attention to the difficulties associated with determining the legal nature of pre-contractual liability and the diversity of approaches to this issue in various legal systems. It discusses the criteria for qualifying culpa in contrahendo in private international law, such as the source of the legal relationship, the source of trust, the legal basis of the claim, the similarity to contractual relationships, the stage of the consensus-building process, the legal remedy, and others. The author then analyzes the Rome II Regulation and its impact on the qualification of culpa in contrahendo, noting the interpretative and practical difficulties in applying the provisions.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 63-76
The article analyzes the phenomenon of dépeçage in the Rome Convention on the Law Applicable to Contractual Obligations. The author discusses various interpretations of this concept, focusing on the liberal and restrictive approaches. The possibility of broad dismemberment of a contract by applying separate systems to its individual aspects is critically evaluated. Based on the linguistic analysis of the Convention's provisions, the author advocates a restrictive understanding of dépeçage, allowing for dismemberment only in the case of contracts containing clearly separated, independent parts. In conclusion, the author emphasizes that this approach ensures greater legal certainty and is consistent with the principle of uniformity of the contract statute.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 77-89
The article analyzes the issue of distinguishing the statute of securities law from the statute of commercial company law in the context of the European regulation of takeover bids. Directive 2004/25/EC of the European Parliament and of the Council harmonizes the regulations of member states regarding the takeover of public companies. The article discusses the scope of application of the directive, the competence of the supervisory authority, and the law applicable to takeover bids. Particular attention is paid to the implementation of the directive in Polish law, analyzing the changes introduced in the Act on Public Offering.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 91-105
The article analyzes the Rome II Regulation regarding the law applicable to non-contractual obligations resulting from electronic torts, i.e., unlawful acts committed using electronic means of communication, mainly the Internet. The Regulation does not contain provisions directly related to electronic torts, which is a sound solution due to the dynamic development of technology and the emergence of new types of violations. The article discusses, among other things, issues of choice of law, obligations related to the provision of information society services, and general rules for determining the applicable law, as well as regulations regarding "specific" torts, such as violations of personal rights, product liability, acts of unfair competition, and intellectual property infringements.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 107-122
The article analyzes the issue of the statute of form in the context of lex fori processualis, focusing on evidentiary rules. The distinction between procedural and substantive rules in evidence law raises controversies, particularly in relation to the ad probationem form and foreign documents. The author discusses various doctrinal views on the legal nature of form regulations, analyzing their procedural and substantive aspects. It also addresses issues related to official documents and their legalization, especially in the context of entries in court registers.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 123-137
The article analyzes the conflict-of-laws issues related to compensation claims of a person injured in a cross-border car accident, with a particular focus on the direct claim against the perpetrator's liability insurer (actio directa). It discusses the issues of the law applicable to the claims, considering the Rome II Regulation and the Hague Convention of 1971. It analyzes the relationships between the tort statute, the actio directa statute, and the insurance statute. It also discusses claims against the National Green Card Bureau, the guarantee fund, the claims representative, and the compensation body.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 139-158
The article analyzes Polish courts' jurisprudence in private international law, focusing on contractual statute issues. The author highlights the difficulties courts face in applying conflict rules and determining applicable law, especially in complex international disputes. It emphasizes the need for courts to consider foreign law and the challenges of interpreting and applying EU regulations.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 159-163
The article analyzes the issues of declarations of acceptance or rejection of inheritance in private international law, based on the decision of the Supreme Court of July 15, 2005. It discusses issues such as the inheritance statute, legal capacity, the form of the declaration, and the influence of error on its validity. The gloss critically refers to the SC ruling, especially in the context of omitting the issue of formal requirements for a declaration made abroad and the failure to consider the application of the principle of the closest connection (le principe de proximité).
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 165-172
The article analyzes the issue of the primacy of the Vienna Convention on Contracts for the International Sale of Goods over domestic law, based on a specific judgment of the Court of Appeal. The commentary critically refers to the court's reasoning, particularly regarding the invocation of Article 1 § 2 of the Private International Law Act, emphasizing the differences between conflict of laws rules and substantive rules. The author points to the need for a precise definition of the relationship between international and domestic law and the importance of the Vienna Convention as an autonomous source of regulation in international trade.
Language:
PL
| Published:
29-06-2008
|
Abstract
| pp. 173-174
The review concerns Karol Weitz's monograph "National Jurisdiction in Civil Proceedings," which formed the basis of his habilitation. The author analyzes national jurisdiction as a legal institution, its place in the system of civil procedure, and specific issues related to its functions and significance. The reviewer positively assesses the distinction between international jurisdiction and jurisdictional authority, the analysis of the forum non conveniens concept, and the discussion of jurisdictional conflicts. However, he is critical of the solution regarding the lack of national jurisdiction resulting from an agreement on the jurisdiction of foreign courts. The overall assessment of the dissertation is highly positive, and the reviewer expresses confidence that the author's concepts will be permanently incorporated into Polish doctrine.