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1

THE FREEDOM OF ESTABLISHMENT OF LEGAL PERSONS WITHIN THE EUROPEAN COMMUNITY

100%
Supera L. P.
Kwartalnik Prawa Prywatnego
|
2008
|
vol. 17
|
issue 2
417-466
EN
The ECJ's series of judgments dealing with the freedom of establishment of legal persons has led to the transformation of the conflict of laws systems of the EU Member States. The real seat theory has been gradually superseded by a new concept based on the principles of the incorporation theory. However, the draft of the new Polish international private law seems, per its strict language, not to take into consideration all the above mentioned developments and it is only by means of interpretation that it can reach conformity with the EU law.
2

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

88%
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.
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