The article is devoted to the formal validity of testamentary dispositions in Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. Moreover, the applicable national principles of private international law are taken into account, as well as international agreements in force in Poland. In addition, an attempt is made to characterize relationships between these acts, of cross-border inheritance cases and the decision, which of the legal acts should apply, depending on the kind of disposition to the accident of the death.

There is a broad doctrinal consensus that the policyholder, the insured and the third party beneficiary can be considered as the “weaker party” in respect to the insurer. It is also generally accepted that these categories of private parties should be protected not only under the provisions of substantive law but also by means of the private international law. The crafters of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) have adopted this position. As a consequence, the Regulation provides several potential instruments for safeguard of the weaker party to the insurance contract. These include not only the framework of specified conflict of law rules in relation to insurance contract (article 7) but also public policy clause (article 21) and several other choice of law mechanisms (articles 3(3), 3(4), 4(3) and 7(2) 2nd sentence). These instruments may not always provide an effective vehicle for the weaker party protection. In consequence, the doctrine of overriding mandatory rules may play a significant role in the discussion on that aspect of modern private international law. Contemporary doctrine attempts to distinguish two categories of the overriding mandatory rules, namely lois de police “de direction” and lois de police “de protection” (lois de police protectrices). The lois de police “de protection” do not primarily protect the interests of the State, but rather those of the individuals. The lois de police protectrices apply only when the rule of law applicable does not provide a desirable level of protection. Furthermore, according to one of the position taken by the doctrine, scope of application of these provisions is not based on territoriality. Approach favorable to the protective lois de police is characteristic for French jurisprudence and judicature, while German scholars tend to restrict the notion of overriding mandatory rules to the lois de police “de direction”. Analysis of the French Cour de Cassation judgments provide practical examples of application of this doctrine and allow to evaluate the concept of the mandatory rules based on the protective principle in relation to insurance contract. According to this approach the rules crafted in order to protect the policyholder or the insured can be perceived as the overriding mandatory rules of private international law as long as they seek to preserve the essence of an insurance contract, its essential functions or basic principles of insurance law. Notwithstanding the general tendency to protect the weaker parties, the notion of overriding mandatory provision should be interpreted strictly. Their intervention is desirable only if from the perspective of lex fori the application of lex contractus would undermine the concept of insurance as an effective risk transfer mechanism.

The article discusses the issues of conflict of laws in cross‑border transfer of shares in the organized trading system. In regard to the private trading of securities‑law rules based essentially on the lex cartae sitae. In terms of organized trading securities transfer transaction associated with making a series of records in securities accounts — as part of the system of securities clearance, settlement and ownership system where ownership information is held electronically as a book entry (indirect holding system). The solutions adopted in this regard in the Polish Private International Law seem to be sufficient. The purpose of this paper is to discuss new approach to the problem of the cross‑border transfer of shares, primarily based on the solutions of The Hague Convention on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary. The Convention is largely a response to the move in recent times in most nations from a purely direct holding system to a mixed direct and indirect holding system. The reforms, though largely beneficial, have created an alarming level of uncertainty as to the question of “what law applies” in cross‑border securities transactions. The development of a global agreed‑upon method of determining the legal regime governing any such transactions lagged behind market practice, leaving financial markets with significant legal risk.

The paper presents main assumptions of functional analysis method, which is popular conflict of laws method in United States of America. In this country, functional analysis method is regarded as equal conflict of laws method. Functional analysis is a method, which deals with particular, not typical, actual state. The courts have to compare different policies, which lies beyond competing provisions of law, and make a decision, which policies deserve to be protected. The task of courts is to find better solution — “the better rule”. Authors present the history of views and opinions, which are the foundations of functional analysis method, including Brainerd Currie and L. I. de Winter works. Afterwards, there are shown some cases of applying of functional analysis method by the United States of America courts. Subsequently, authors present criticism of functional analysis method. According to authors’ view, the concept of functional analysis method, to some extent, can be used while applying overriding mandatory provisions. Continental international private law doctrine, however, does not regard functional analysis method as equal conflict‑of‑laws method.

The text contains a full version of an opinion delivered by the authors as court experts on foreign law in a Polish succession case of a Venezuelan citizen residing in Poland. The opinion covers mainly Venezuelan private international law, with the renvoi resulting from the place of residence of the deceased in Poland. Furthermore the admissibility of agreements as to succession in Venezuelan and Spanish law has been covered. An introduction presents some methodological aspects of writing such legal opinions, as they are very rare in court practice in Poland. The publication aims at helping Polish PIL‑academics to serve as experts on foreign law by delivering an example of how such an opinion can be written.