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  1. 2 Kwartalnik Prawa Prywatnego

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  1. 1 Błaszczyk P.

  2. 1 Juryk A.

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  1. 2 2011

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1

Prawo wlasciwe dla alimentów w swietle protokolu haskiego z 2007 r.

100%
Juryk A.
Kwartalnik Prawa Prywatnego
|
2011
|
vol. 20
|
issue 4
961-1017
EN
This article considers the issue of law governing the maintenance. The Hague Protocol of 23 November 2007 on the law applicable the maintenance obligations is the basic source of law in Poland. The Protocol became a part of EU law order since 18 June 2011 under the Article 15 of the Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. In accordance with the Article 15 of this Regulation the law governing the maintenance obligations is defined in The Hague Protocol of 23 November 2007 on law applicable the maintenance obligation in Member States binding by this Protocol. Article 76 of the Regulation states that the Regulation shall be applied from 18 June 2011. The issues discuss in the article: the scope of the binding force of the Protocol and the Main Aspect of rules on connection of the maintenance obligations to the law of given State provided in the Protocol.
2

Prawo właściwe dla grupy spółek

72%
Błaszczyk P.
Kwartalnik Prawa Prywatnego
|
2011
|
vol. 20
|
issue 1
59-113
EN
This paper analyzes the problem concerning the law applicable to the corporate groups. The main purpose of the article is to establish the conflict of law rule applicable to the legal relations between companies within the corporate group. The concept of groups of companies is defined as an association of two or more companies dominated by a single entity. Polish law does not provide for comprehensive regulation in this subject. However, corporate groups - factual and contractual - are business reality and create numerous legal problems, which are currently solved on ground of the existing provisions of polish civil and commercial code. Especially problematic is the legal status of transnational groups of companies. The question is, whether internal relations in such groups should be regulated by the law applicable to the dominant company, the law of its subsidiaries or the law applicable to the whole group. Another possible solution is to consider polish civil and commercial code provisions as overriding mandatory rules. Due to the fact that in the polish doctrine there is contemporarily a wide discussion about the future polish regulations dealing with corporate groups, it is very important to present that subject also in the light of private international law.
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