Introduction - PPPM 2007, vol. 1

The article analyzes the draft of a new act on private international law in Poland. The author discusses the need for reforming the current act of 1965, pointing out its shortcomings and the need to adapt it to modern standards. The article presents the main assumptions of the draft, including, among others, the extension of the scope of choice of law, the regulation of the law applicable to arbitration agreements, and the introduction of the habitual residence connector. The author emphasizes the importance of the reform for ensuring the coherence and effectiveness of private international law in Poland.

This article analyzes the evolution of the concept of international commercial law. Various concepts of its definition are presented, from private international law, through commercial law, to public international law. Historical and contemporary views on the nature of this law, its sources and scope are discussed. The key importance of international commercial law in the era of globalization is indicated.

This article analyzes the concept of an „insurance contract" in the context of conflict of laws, with particular emphasis on European Union insurance directives. The author examines the role of these directives in determining the law applicable to insurance contracts, including the qualification of the concept of an „insurance contract", as well as reinsurance, co-insurance, surety insurance and group pension insurance contracts. The study indicates the significant role of directives in harmonizing the conflict of laws rules for insurance contracts in EU Member States.

This article analyzes the principle of autonomy of the arbitration clause in international commercial arbitration. This principle, considered a cornerstone of arbitration, indicates the independence of the arbitration clause from the main contract in which it is located. In practice, this means that the invalidity or termination of the main contract does not affect the validity of the arbitration clause. The arbitral tribunal, appointed to resolve disputes under the clause, can rule on the validity of the main contract itself, which significantly expands its jurisdiction. The article discusses the evolution of the principle of autonomy, its scope and rationale, referring to international regulations, case law and national laws.

This article analyzes the draft act on private international law of October 9, 2006. The draft aims to comprehensively regulate the law applicable to private law relations connected with more than one state. The act specifies, among others, the law applicable to the legal capacity and capacity to perform legal acts of natural persons, property relations between spouses, inheritance matters, and also contains a public policy clause, which excludes the application of foreign law if its application would have consequences contrary to the fundamental principles of the legal order of the Republic of Poland. The draft act also provides for the possibility of choosing the applicable law by the parties in certain cases. In the absence of an indication of the applicable law in the act, in special provisions or in international agreements, the law of the state with which the relationship is most closely connected should be applied to the relationship covered by the scope of application of the act. The draft act on private international law of 2006 constitutes an important step towards modernizing and unifying Polish legislation in the field of private international law.

The article analyzes the judgment of the Supreme Court of December 19, 2003 (III CK 80/02), which concerned the assignment of claims in the context of private international law. The Supreme Court ruled that Article 25 § 1 of the Private International Law does not allow for the choice of law for the assignment of claims, and that the assignment is subject to the law applicable to the claim. In the justification of the judgment, the Supreme Court indicated that in order to protect the debtor of the assigned claim, the issue of assignment should in principle be subject to the law applicable to the claim. This solution is in line with many codifications of private international law, including the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention). The Supreme Court emphasized that the statute of claim specifies the prerequisites for assignment, including its assignability, the contract transferring the claim, the requirements for the effectiveness of the assignment against the debtor, and the effects of the assignment. If the statute of claim provides that the claim passes on the basis of a contract obliging to assign, the law applicable to this contract should be determined on the basis of a separate conflict of laws rule. The Supreme Court also pointed out that in the case of an assignment, a complex of issues related to the debtor arises, and the choice for the assignment by the assignor and assignee of a law other than the law applicable to the claim could violate the interests of the debtor.

The article analyzes the judgment of the Supreme Court of December 19, 2003, regarding the law applicable to the assignment of claims. In Polish law, there are no conflict-of-laws provisions directly relating to the assignment of claims. In the discussed judgment, the Supreme Court held that Article 25 § 1 of the Private International Law Act does not authorize the choice of law for the assignment of claims. According to the Supreme Court, the assignment of claims is subject to the law applicable to that claim. This position is consistent with the dominant view in the doctrine and jurisprudence. The author of the article also discusses the regulations contained in the Rome Convention, in which the interpretation of the provisions on the assignment of claims raises controversy.

The article analyzes the judgment of the Supreme Court of 8 January 2003 (II CKN 1077/00) regarding the implied choice of law, matrimonial property relations, and substitution. The case concerned a contract for services concluded between Polish and Italian citizens, and the Supreme Court ruled that the parties made an implied choice of Polish law. The authors of the article critically assess this position, indicating the lack of grounds for adopting an implied choice of law. The article also discusses the issue of substitution, i.e. replacing institutions of foreign law with institutions of domestic law, which in this case was considered inadmissible. The authors emphasize that courts should strive to determine the actual will of the parties regarding the choice of law and not rely on presumptions.