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1
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Stare zasady, nowe trendy? Współczesna ewolucja prawa prywatnego międzynarodowego

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Bagan-Kurluta K.
Miscellanea Historico-Iuridica
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2011
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vol. 10
279-291
EN
Several traditional rules regarding a choice of law were created by F. C. von Savigny and P. S. Mancini. They are also responsible for their further application in the civil law countries. For the first time in our times all the nations are participating in the creation of global village and the new ius gentium. These activities cause a couple of questions to be answered: if the nowadays changes in private international law have revolutionary or evolutionary character or maybe if the choice of law rules are passé?
2
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Swoboda wypowiedzi a teksty amerykańskich beatników. Obsceniczność a granice swobód?

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Bagan-Kurluta K.
Miscellanea Historico-Iuridica
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2016
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vol. 15
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issue 1
235-246
EN
Freedom of speech is guaranteed to every person by international agreements concern- ing the protection of human rights and by national constitutions. Freedom of expression is regarded as one of the pillars of democracy, the determinant of a wide sphere of hu- man freedom. But should every statement, even the most controversial, be the subject of protection? Does obscene speech deserve such protection? The answer to these questions seems to be justified especially in the age of Internet – the instrument offering the pos- sibility of unrestricted flow of information.
3
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Czyje dziecko, czyje? Kilka uwag o pochodzeniu dziecka na tle umów macierzyństwa zastępczego

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Bagan-Kurluta K.
Miscellanea Historico-Iuridica
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2016
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vol. 15
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issue 1
259-271
EN
Surrogacy is a tool to fulfil anyone’s need and yearning for a child. Next to adoption, it provides the only additional way to be a parent, opposite to adoption – it makes an individual capable of having a genetically related child. However, since the beginning of application of methods of artificial procreation and surrogacy itself in the 70s, 80s of the twentieth century, the need for regulation of surrogacy, the legality of the contract is still a source of controversies in courtrooms as well as in scientific discourse. Unfortunately, usually the consequence of a contract, even regarded as invalid, is childbirth. The discus- sion about surrogacy is therefore not only scientific in its nature – it refers to a living human being and his legal and family status. A few years ago I wrote about surrogacy in the US, in order to show the complexity of the problem in a country where there is a multiplicity of regulations – from its prohibition, through the lack of references in the law, to a clear, pronounced acceptance of contracts and surrogacy itself. Today, I am com- ing back to the issue in order to make one of the most controversial American cases the background for reflections on the realities of today’s Polish law.
4
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Rozwody w Anglii – krótka historia sekularyzacji małżeństwa

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Bagan-Kurluta K.
Miscellanea Historico-Iuridica
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2013
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vol. 12
191-201
EN
From the times of William the Conqueror to 1858, jurisdiction in all marriage matters belonged to the ecclesiastical courts. The courts decided the cases applying the canon law. Marriage, as an institution of the canon law, was also the sacred sacrament. As a consequence, it was treated as an indissoluble union, lasting until the death of one spouse. Although it seemed that the idea of indissolubility of marriage was widely accepted, actions taken by people from various social layers were in contradiction to it. Since 1858 to the third decade of XX c. the English law of divorce was largely changed. This changes were accompanied by the transformation in social consciousness, that is why marriage has never been seen as before.
5
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Macierzyństwo zastępcze a adopcje – symbioza czy konkurencja?

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Bagan-Kurluta K.
Miscellanea Historico-Iuridica
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2014
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vol. 13
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issue 2
281-297
EN
Adoption is an institution as old as the world, created by Roman law and today present in the law of almost every state. International adoptions have become popular in the second half of the twentieth century; surrogacy, although already used in ancient times – has become useful together with artificial human reproduction methods. International adoptions and surrogacy are often regarded as wrong, associated with child trafficking and exploitation of women – hence the restrictions and prohibitions concerning them. Nevertheless, they are still serving the purpose of being a parent. That is why, despite evil perceptions, they are considered useful – and therefore they are accepted and used. Will the greater popularity of surrogacy influence the number of international adop- tions? Is it possible to introduce international regulation eradicating the risks associated with surrogacy? The article is an attempt to deal with these questions.
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Qualification of Concepts and its Problems in Cases with Foreign Element in Poland and the United Kingdom

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Bagan-Kurluta K.
Studies in Logic, Grammar and Rhetoric
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2013
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vol. 32
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issue 1
67-74
EN
Qualification is the basic instrument used in the process of application of the law. It is impossible to apply the law without conducting it. The main internal source of collision law in Poland, Act of private international law dated February 4th, 2011, does not specify how to carry on the process of the qualification, and doctrine is of the opinion that the Polish court applying foreign law should interpret the foreign concepts according to the rules of this law and give them such meanings as this law assigns to them. But also there are four doctrinal proposals concerning methods of qualification. The first one (with various modifications) is relatively popular in a number of countries, while the Polish doctrine has the greatest respect for the latter: 1) lex fori approach, 2) lex causae approach, 3) autonomous method and 4) functional method (or collision lex fori approach). The English judge applying the rules derived from his own internal law remembers about the function of private international law - and therefore takes into account the rules and institutions adopted in the foreign laws. That is application of lex fori approach modified because of the function of collision law, indeed reminiscent of a functional method. However, due to the lack of a uniform approach to qualification and identification of the only way to proceed by the doctrine and case law, it is permissible to move away from the use of this method. For instance it is possible to use the lex causae approach, if it leads to an equitable solution. Lack of regulation of qualification gives a person applying the law a freedom, but at the same time leads to uncertainty about the effects.
7
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Dobro dziecka w sprawach o uprowadzenie dziecka za granicę. Zmiany w prawie i ich spodziewane skutki

100%
Bagan-Kurluta K.
Problemy Prawa Prywatnego Międzynarodowego
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2019
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vol. 25
5-25
EN
The international child abduction is regulated in the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels II bis), and in the domestic law - in the Code of Civil Procedure. In the recent years the Regulation Brussels II bis was subject to review. As a result drawbacks were indicated and amendments have been proposed, in particular with a view of simplifying the procedures. The changes were triggered by the increasing number of cases in which one of the parents removes the child without a consent from the other. The Ministry of Justice does not provide any data on the amount of cases taking place in Poland. It is nevertheless certain that this amount has increased in comparison to previous years. Moreover, it is acknowledged that contrary to the Hague Convention and the EU Regulation, many children abducted by their parents are retained in Poland. The amendments to the Code of Civil Procedure seem to address this situation and streamline the process of the return of the children. The question remains: do the proposed amendments to the EU Regulation and those already enacted in the Code of Civil Procedure warrant to a sufficient degree that the welfare of a child - being one of the determinants of these regulations - is safeguarded?
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