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Jurysdykcja krajowa sądów polskich a kolizyjna jednolitość spadku

100%
Wysocka-Bar A.
Problemy Współczesnego Prawa Międzynarodowego, Europejskiego i Porównawczego
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2016
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vol. 14
90-109
EN
The article presents the rules on jurisdiction and applicable law contained in Polish law in comparison with the EU Succession Regulation. In accordance with private international law rules contained in the Polish Private International Law Act and its predecessors, the law applicable to succession is designated by the connecting factor of the nationality of the deceased at the time of death. At the same time, based on the Code of Civil Procedure, Polish courts have exclusive jurisdiction when it comes to immovables located in Poland, and have no jurisdiction with respect to immovables located abroad. Hence, the unity principle is limited by the rules on jurisdiction. This is still the case under the EU Succession Regulation which also provides for the unity principle. However, the limitation of the unity principle may occur only with respect to assets located outside the territory of the EU Member States bound by the EU Succession Regulation, as the location of assets does not have a decisive influence on jurisdiction.
2
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Nabycia polskiego obywatelstwa a urodzenie przez matkę zastępczą : uwagi na tle wyroków Naczelnego Sądu Administracyjnego z dnia 6 maja 2015 r.: II OSK 2372/13 oraz II OSK 2419/13

100%
Wysocka-Bar A.
Problemy Współczesnego Prawa Międzynarodowego, Europejskiego i Porównawczego
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2018
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vol. 16
38-54
EN
The article is a comment on the Supreme Administrative Court's verdicts of 6 May 2015 (signatures: II OSK 2372/12 and II OSK 2419/13) by which confirmation of the acquisition of Polish nationality based on ius sanguinus principle was denied to a child as the legal parentage was established in the foreign judgement and birth certificate indicating the genetic father and his same sex partner as parents. The denial was justified by the public policy clause. The Court underlined that the principle of marriage as a union between one woman and one man and the rule that mother is a woman that gave birth to the child are of fundamental character. The aim of the article is the analysis of various public and private international law institutions that interconnect in the discussed verdict: rules on acquisition of citizenship, ius sanguinus principle confronted with same sex parentage, the notion of "parent" in the citizenship law, the principle of ex legerecognition of foreign judgements, public policy clause as an obstacle to that recognition and also right to respect for private life as defined in the jurisprudence of European Human Rights Court.
3

Odpowiedzialność rodzicielska w pracach Komisji Europejskiego Prawa Rodzinnego (CEFL)

100%
Wysocka-Bar A.
Kwartalnik Prawa Prywatnego
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2018
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vol. 27
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issue 3
701-721
EN
The article concerns the works of the Comission of European Family Law (CEFL) in the field of parental responsibility. The article presents the history, structure, mission and the undertakings of the CEFL. It explains shortly CEFL’s main objective, which is the creation of European Family Law Principles and the methodology of their elaboration. The second set of CEFL Principles regarding parental responsibility is presented in details. These principles are compared with the law in force in Poland in order to find any common features or visible differences. The article is supplemented with the publication of the CEFL principles regarding parental responsibility in all authentic languages (English, German, French) and their translation into Polish.
4

Prawo rozwodowe w pracach Komisji Europejskiego Prawa Rodzinnego (CEFL)

100%
Wysocka-Bar A.
Kwartalnik Prawa Prywatnego
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2018
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vol. 27
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issue 2
345-372
EN
The article concerns the works of the Comission of European Family Law (CEFL) in the field of divorce law and maintenance between former spouses. The article presents shortly the history, structure, mission and the undertakings of the CEFL. It explains CEFL’s main objective, which is the creation of European Family Law Principles and the methodology of their elaboration. The first set of CEFL Principles regarding the divorce and maintenance between former spouses is presented in details. These principles are compared with the law in force in Poland in order to find any common features or visible differences. The article is supplemented with the publication of the CEFL principles regarding divorce and maintenance between former spouses in all authentic languages (English, German, French) and their translation into Polish.
5

Stodwudziestopięciolecie Haskiej Konferencji Prawa Prywatnego Międzynarodowego

100%
Wysocka-Bar A.
Kwartalnik Prawa Prywatnego
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2019
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vol. 28
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issue 2
379-416
EN
The article is an overview of the works of the Hague Conference on Private International Law, which celebrated its 125th anniversary in September 2018. It presents the beginnings of the Hague Conference, the adoption of its statute, including the changes introduced therein in connection with the accession of the European Union, as well as the list of its members and connected parties. The article lists all diplomatic sessions and all adopted conventions. It also explains how non-members may accede to Hague conventions and presents other endeavours of the Hague Conference, namely its publications, the INCADAT database, the iSupport project and current legislative projects, including the judgment project which will be finalised at the 22nd session.
6

Stosunki majątkowe między małżonkami w pracach Komisji Europejskiego Prawa Rodzinnego

100%
Wysocka-Bar A.
Kwartalnik Prawa Prywatnego
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2018
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vol. 27
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issue 4
875-902
EN
The article concerns the works of the Comission on European Family Law (CEFL) in the field of property relations between spouses. The article explains shortly CEFL’s main objective, which is the creation of European Family Law Principles and the methodology of their elaboration. The third set of CEFL Principles regarding property relations between spouses is presented in details. These principles, especially concerning rules applicable irrespective of the matrimonial property regime between spouses and the regime of community of acquisitions, are compared with the law in force in Poland, especially the default matrimonial property regime, in order to find any common features or visible differences. The article is supplemented with the publication of the CEFL principles regarding property relations between spouses in all authentic languages (English, German, French) and their translation into Polish.
7

Prawa człowieka a prawo prywatne międzynarodowe

63%
Juryk A., Wysocka-Bar A.
Kwartalnik Prawa Prywatnego
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2021
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vol. 30
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issue 2
181-225
EN
The article is a comprehensive overview of the draft resolution of the Institute of International Law (Institut de Droit International), as it was presented at the 2019 session in the Hague, the Netherlands. The article follows the structure of the resolution and therefore it provides a commentary on human rights: their concept and evolution, human rights and private law, interpretation, priority, immunity from jurisdiction, jurisdictional rules, international civil procedure and judicial cooperation, conflict of law rules – general principles, conflict of law rules – specific rules, as well as the recognition and enforcement of foreign judgements. The article is supplemented by the Polish translation of the resolution.
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