Niejednoznaczne podstawy stosowania przepisów wymuszających swoje zastosowanie (przepisów koniecznego zastosowania)

• Authors: Piotr Rodziewicz

Title variants

EN

Inconclusive legal basis for the application of the overriding mandatory rules

• Languages of publication: PL

Abstracts

EN

The article raises issues concerning legal basis for the application of the overriding mandatory rules. In the Polish doctrine there are two opposing concepts in terms of explanation of the legal grounds for application of overriding mandatory rules. Both theories do not have a universal dimension, in the sense that they do not sufficiently explain the basis for the application of domestic as well as foreign overriding mandatory rules, being part of lex causae or coming from a third state. The article presents arguments for and against the possibility of deriving the legal grounds for application of the overriding mandatory rules, with reference to submissions made to that effect in literature. The author makes also an attempt to formulate a concept complementary to the concept of an integrated conflict-of-law rule with the substantive law rule, boiling down to the assumption that the basis for application of overriding mandatory rule is a second degree conflict of laws rule allowing to apply a first degree conflict of laws rule integrated with the substantive rule.

Keywords

PL

overriding mandatory rules; application of foreign law; law applicable; first and second degree conflict of laws rules

EN

overriding mandatory rules; application of foreign law; law applicable; first and second degree conflict of laws rules

• Publisher: Uniwersytet Śląski
• Journal: Problemy Prawa Prywatnego Międzynarodowego
• Year: 2019
• Volume: 24
• Pages: 169-187

Dates

published

2019-06-30

Contributors

author

Piotr Rodziewicz

Identifiers

DOI

10.31261/PPPM.2019.24.07