PL EN


Journal
2017 | 3 (41) | 26–39
Article title

Prawo właściwe dla zobowiązań wynikających z naruszenia dóbr osobistych. Uwagi de lege ferenda

Authors
Content
Title variants
EN
Law Applicable to Obligations Arising Out of Violation of Personal Rights. Remarks De Lege Ferenda
Languages of publication
PL
Abstracts
EN
The paper deals with the question of the optimal conflict of law regulation for the protection of personality rights in Poland. Three issues are discussed: the question of the optimum objective connecting factor, the question of the choice of the applicable law and the question of the clause of the closest connection. The most appropriate objective connecting factor seems to be the place of damage, understood as the place of the publication of information. The choice of law by the parties should be allowed. This would imply the autonomy of the will, but it would also enhance the certainty of the applicable law. Finally, it seems justified to introduce a clause of the closest connection. This would make it possible to apply the substantive law most closely linked to the situation, and also help to avoid characterisation conflicts
Keywords
Journal
Year
Issue
Pages
26–39
Physical description
Contributors
author
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-a60a6f3e-d262-414a-bb59-a23bc6b4a1ea
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