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Kodyfikacja prawa prywatnego międzynarodowego — doświadczenia polskie w perspektywie europejskiej

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Czepelak M.

Kwartalnik Prawa Prywatnego

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2017

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vol. 26

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issue 2

251-296

EN

The paper discusses current state of the codification of private international law bringing together the Polish experience from this field and the perspective given by the unification efforts of the European Union. It is divided in two parts. In the first part the Polish experience of the codification is depicted in order to demonstrate some of its achievements. Indeed, at the very beginning , i.e. in 1926, when the first Polis Act on Private International Law was promulgated, it was the experiment incomparable with any of contemporary instruments (which were scarce at this time). This experiment proved itself to be very successful. Despite what one could have expected, another Polish Act on Private International Law of 1965 was based on the same principal assumptions as its predecessor. Eventually, the ‘Polish’ model of the codification emerged. In the second part the characteristic of the mentioned ‘Polish’ model of codification is set against the current state of the development of private international law, in both its dimensions, i.e. national and international. It is argued that the unification of private international law by the European Union has led to the ‘creeping codification’. This is a state, when national systems can no longer be considered proper codifications, and the EU instruments constitute a kind of piecemeal legislation, although they cover important part of private international law. In the nutshell, the creeping codification has led to the de-codification. In the conclusion, the proper codification is pled to be the solution for the shortcomings of the current state of the private international law. Such a codification could immensely benefit from the Polish experience.

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Kolizyjnoprawna autonomia woli pięćdziesiąt lat po wydaniu monografii Józefa Skąpskiego

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Czepelak M.

Kwartalnik Prawa Prywatnego

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2014

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vol. 23

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issue 4

855–895

EN

The paper evaluates the meaning of the book entitled ‘The party autonomy in the private international law of contractual obligations’ written by Józef Skapski 50 years ago. After the historical background had been outlined the monograph at issue was confronted with the contemporary approaches to the party autonomy. Additionally the analysis of the law in force proves that what Józef Skąpski had already proposed half century ago has been widely accepted in international and national instruments from the field of private international law. However what makes his book the absolute must read for every adept of conflict of laws is his analysis of the parties’ choice of law as a legal act.

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CHOICE OF LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS IN THE ROME II REGULATION (Wybór prawa wlasciwego dla zobowiazan pozaumownych w rozporzadzeniu rzymskim II )

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Czepelak M.

Kwartalnik Prawa Prywatnego

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2009

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vol. 18

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issue 2

513-571

EN

The regulation No 864/2007 of the European Parliament and of the Council of July 11 2007 on the law applicable to non-contractual obligations (Rome II) introduced uniform European choice of law rules which allow parties to agree to submit their non-contractual obligations to the law of their choice. The paper discusses the admissibility of such choice of law, its subjective and objective limits as well as the form and legal consequences. In order to established the role played by the party autonomy in the European conflict of laws it is necessary to perceive the regulation on the law applicable to contractual regulation No 593/2008 ('Rome I'), regulation 'Rome II' and the regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ('Brussels I') as three complementary instruments forming cornerstone of the European codification of the private international law.

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3 Kwartalnik Prawa Prywatnego

1 2017

1 2014

1 2009

3 Czepelak M.

Kodyfikacja prawa prywatnego międzynarodowego — doświadczenia polskie w perspektywie europejskiej

Kolizyjnoprawna autonomia woli pięćdziesiąt lat po wydaniu monografii Józefa Skąpskiego

CHOICE OF LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS IN THE ROME II REGULATION (Wybór prawa wlasciwego dla zobowiazan pozaumownych w rozporzadzeniu rzymskim II )