Language:
PL
| Published:
29-06-2017
|
Abstract
| pp. 7-58
The aim of this study is to analyze the legal nature of contracts and the principles of contractual liability in space projects, based on the provisions of the international law, leading regulations of national laws, as well as the contractual practice. The immanent feature of space projects is their international character, which leads to the contracts concluded between contractors based in countries of a varied regime and legal culture. This in turn affects the nature and content of the contracts, and in particular the regulation of liability for damage resulting from its non‑performance or improper performance. The relevance of the liability provisions in space contracts is proportionate to the level of risk associated with outer space exploration. Despite technical progress, it remains at a very high level, making space activity one of the most dangerous types of business ventures (the so‑called ultrahazardous activity). The risk related to space exploration also raises many questions about the way of bearing responsibility not only between the parties to the space contracts, but also between the launching state and the domestic entity running space activity, from which the damage may result. One of the main issues analyzed in this paper is the contractual practice of introducing the provisions limiting liability for damage. The conclusions from such an analysis can be used as a motion de lege ferenda for the outer space law provisions being in the drafting stage in Poland.
Language:
PL
| Published:
29-06-2017
|
Abstract
| pp. 59-76
The main focus of the study is an attempt to determine methods of searching the applicable law for the concurrence of the liability resulting from breach of contract and liability resulting from a tort on the background of agreements regarding medical treatment. This problem is a subject of a numerous discussion the legal doctrine. The issue was analysed from the point of view of regulation by national law and comparative law. The author argues that the classification of claims should to be principally based upon the statutes contractual. However does not exclude the possibility of choice of applicable law by the parties at the stage of concluding the contract.
Language:
PL
| Published:
29-06-2017
|
Abstract
| pp. 77-94
The article contains an analysis of the conflict‑of‑law problem of joint will from the perspective of private international law applied by polish courts. Due to the recent amendment of the conflict‑of‑law rules applicable to inheritance matters caused by the application of Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012, considerations are made both against the background of the former and current legal status, taking into account the intertemporal aspects. The substantive law of inheritance of individual states presents a different approach to the issue of the acceptability of a joint will. Therefore, proper determination of the law applicable to its assessment takes on a significant practical meaning. An introduction to the principal considerations is the analysis of sources of international private law applied by Polish courts in relation to inheritance matters. Further considerations were devoted to the law applicable to joint will according to the Act of 4 February 2011 — Private international law and the Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012. The issue of the admissibility of drawing up a joint will (as belonging to the scope of form) was delimited from issues related to its revocation and the consequences of distributions contained in such a testament. Attention was also paid to the qualification of certain forms of the joint will as agreement as to succesion within the meaning of the the Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012.
Language:
PL
| Published:
29-06-2017
|
Abstract
| pp. 95-114
The paper deals with the issue of application of public law in international commercial arbitration involving states. The main purpose of the author was to determine whether arbitrators may apply or take into account both public law rules of the legis contractus and of the third state. The author considered a possibility of application of public national and international law. Another purpose of the paper was to analyse whether acts of state should be treated as legal norms or facts. At the beginning the author paid attention on the distinction between the process of application and taking into account of public law. Subsequently, analysis focused on a possibility of application of public law being part of legis contractus. Afterwards, the author deliberated whether public law rules of a third state may be applied as overriding mandatory rules. Lastly, it was considered whether public law and especially acts of state could be qualified as facts. The author came to the conclusion that under certain circumstances arbitrators may apply or take into account both public law rules being part of legis contractus and those of third states’ legal systems and of public international law.
Language:
PL
| Published:
29-06-2017
|
Abstract
| pp. 115-137
The article is devoted to the analysis of main international agreements governing civil and commercial relationships on the territories of states belonging to the Commonwealth of Independent States. It presents a comparison between them. The overview of provisions relating to the conflict of laws is provided. The paper also compares the similarities and differences between those international legal instruments. The reference is made to the provisions on the jurisdiction, applicable law, recognition and enforcement of foreign decisions, as well as to the cooperation among the CIS states in providing legal assistance in civil, family and criminal cases. In the conclusions the author underlines that adoption of the 1993 Minsk Convention on legal assistance and legal relations in civil, family and criminal matters is regarded as result of the process of disintegration after the dissolution of Soviet Union. The fact that only a few CIS states acceded to the 1997 Protocol to the Minsk Convention or the 2002 Kishinev Convention illustrates the reluctance of some states to cooperate closely within the framework of the CIS. In this regard, Ukraine endeavors to pursue the approximation of its national legislation to the European Union law.
Language:
PL
| Published:
29-06-2017
|
Abstract
| pp. 139-161
The article aims at acquainting the Polish jurist with the new regulation of PIL in the Dominican Republic. The Dominican Act on Private International Law of 15 October 2014 encompasses norms on international jurisdiction, recognition and enforcement of court decisions, as well as on conflict of laws. The authors present an outline of the scope and content of the act, but concentrate on the general norms of PIL it contains. They discuss the solutions it introduces in the approach to the nature of conflict of laws rules, the process of ascertaining the content of foreign law, as well as to its application. Further, common issues of PIL are addressed, such as the role of public law norms, the admissibility of renvoi, the function of ordre public. The specific Dominican regulation of the concept of adjustment (l’adaptation) is also presented. Finally, a brief analysis is made concerning the rules on the recognition of legal effects of acts effected under foreign law. The text is a presentation of the key issues one deals with while confronted with conflict of laws problems. Therefore, it affords a comparative insight into the latest developments in PIL in the Dominican Republic itself, but also in the region as a whole. Also, references are made to the legislative history of the new regulation, particularly regarding the Draft OHADAC Model Law relating to PIL and the Inter-American Conventions in this field. The article is accompanied by the Polish translation of the 2014 Act.
Language:
PL
| Published:
29-06-2017
|
Abstract
| pp. 163-188
Act No. 544-14 of October 15, 2014, governs international civil and commercial legal relations in the Dominican Republic. It defines the scope of jurisdiction of Dominican courts, including exclusive jurisdiction (e.g., for real rights in real estate located in the Dominican Republic) and general jurisdiction, rules for choice of court agreements, and access for foreigners to courts. The Act also determines the applicable law for various matters, including personal status, family, succession, and contractual and non-contractual obligations, establishing rules for party autonomy in choosing the law and subsidiary criteria.