Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 9-25
The article discusses the Rome I Regulation, a new community conflict-of-law regulation concerning contractual obligations. It presents its genesis in the context of the Hague Programme, a comparison with the Rome Convention of 1980, including the scope of application, exclusions, and changes from the previous regulation. The issues of party autonomy in choosing the applicable law, determining the applicable law in the absence of choice, and the scope of the contractual lex causae are analyzed. Attention is drawn to the relationship between the regulation and other acts of community law and international conventions, as well as general issues of private international law regulated by the regulation.
Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 27-39
The article discusses the impact of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I) and EU insurance directives on Polish international private law concerning insurance contracts. It analyzes the draft of a new Polish act on private international law, especially Article 29, which considers the applicability of the Rome I Regulation. The repeal of provisions of Polish law implementing earlier directives (Articles 65 and 66 of the draft act) is presented, due to the direct application of EU regulations. The focus is on the conflict-of-law aspects of compulsory civil liability insurance and life insurance, pointing out ambiguities and legislative errors in the existing Polish provisions and positively assessing the planned changes resulting from adaptation to EU law.
Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 41-56
This article examines the extinction of obligations under the 1980 Rome Convention on contractual obligations law. Although Article 10(1)(d) includes this, interpretational issues arise, especially when extinction results from other legal acts like performance via dispositive contract, novation, or procedural tools like judicial deposit. The study focuses on set-off, potentially extinguishing two obligations under different laws. Conflicts between convention rules, other conflict-of-law norms, mandatory rules, and public policy are discussed. A brief mention of the Rome I Regulation notes its largely similar approach, except for set-off. The paper identifies problems and suggests solutions within the 1980 Rome Convention's conflict-of-law framework.
Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 57-85
The article analyzes the factoring agreement in the context of the 1988 Ottawa Convention on International Factoring. This Convention is a uniform source of law governing international factoring and its specific aspects of receivables assignment. The author discusses the definition of a factoring agreement under the Convention, focusing on subjective criteria (factor, supplier, debtor) and objective criteria (monetary receivables arising from commercial sales of goods or service agreements). The importance of the factor's obligations, including financing, accounting, collection of receivables, and assuming the risk of debtor insolvency (del credere), is highlighted. A key element of the Convention's definition is the requirement to notify the debtor in writing about the assignment. The article also clarifies the international nature of the factoring agreement under the Convention, which is linked to the international nature of the underlying agreement between the supplier and the debtor. Despite some shortcomings, the Ottawa Convention is seen as an attempt to create a modern institution of contract law, also inspiring national legislation.
Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 87-113
The article analyzes the applicable law for liability for damage caused by a defective product in light of the provisions of Regulation (EC) No 864/2007 of the European Parliament and of the Council (Rome II). The process of adopting the regulation and its scope are discussed, with particular emphasis on Article 5 concerning product liability. The authors analyze the relationship between the regulation's provisions and other legal instruments, such as the 1973 Hague Convention and EU directives on defective products. A complex conflict-of-laws rule based on a cascade of connecting factors is presented, along with criteria for determining the applicable law, the concepts of "product" and "placing on the market," as well as issues of party choice of law (Article 14) and the application of overriding mandatory provisions (Article 16) and the public policy clause (Article 26). The article aims to evaluate the adopted solutions and their impact on determining the applicable law in cross-border cases involving liability for dangerous products.
Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 115-129
The article analyzes regulations concerning the television broadcasting of audiovisual works in Community, German, and Polish law. The introduction of television in the 20th century significantly expanded the audience for films and programs. Copyright law covers television broadcasting with an "author's monopoly," meaning permission must be obtained from authorized entities. The article discusses various forms of broadcasting, such as terrestrial, satellite, and cable broadcasting, as well as retransmission. Legal norms in force in the European Union are presented, with a focus on directives concerning satellite broadcasting and cable retransmission. The implementation of these regulations in German and Polish law is also discussed, indicating similarities and differences in specific solutions. The role of collective management organizations for copyright in the licensing process is highlighted. The article also addresses the issue of cable retransmission in the context of permitted public use in Polish law. In summary, copyright law norms define the framework for the exploitation of audiovisual works by television stations, and the harmonization of regulations at the EU level aims to standardize these practices, although differences still exist in national legislation.
Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 131-145
The article analyzes the issue of testamentary legacy in private international law. It focuses on the conflict between the law of succession and the law of property regarding the property law effects of vindication legacy, especially when the object of the legacy is located in Poland. The admissibility of different legacy constructions (obligational and vindication) in various legal systems is presented. The inclusion of testamentary legacy within the scope of the law of succession and exceptions to this rule are discussed. The author analyzes different doctrinal views on distinguishing the competence of the law of succession and the law of property for assessing the effects of vindication legacy. The conclusion indicates the exclusive competence of the law of succession for assessing the property law effects of vindication legacy under Polish conflict of laws rules. The article also touches upon the issue of national jurisdiction in inheritance cases involving foreigners.
Language:
PL
| Published:
31-12-2009
|
Abstract
| pp. 147-155
The article analyzes the process of institutionalization of registered partnerships in Hungary, placing it within the broader context of legislative trends in Europe since the late 20th century. It presents the evolution of Hungarian regulations concerning extramarital cohabitation, starting from the first regulation in 1977, through its extension to same-sex couples in 1996, up to the enactment of the Registered Partnership Act in 2008/2009. It discusses in detail the provisions regarding the formation, legal effects (property, inheritance, maintenance), and dissolution of registered partnerships, with particular emphasis on solutions modeled after marriage regulations. It also covers procedural matters, formal requirements, legal impediments, and provisions in the field of private international law. The article indicates that the Hungarian model of partnership is close to the concept of "partnership-institution," largely equating partners with spouses, although exceptions exist (e.g., lack of joint adoption). It highlights the role of the Constitutional Court's jurisprudence in shaping the final wording of the act, which limited the possibility of entering into registered partnerships exclusively to same-sex couples to ensure special protection for the institution of marriage.