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1

THE CONVENTIONS OF HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW FROM THE VIEW OF 'COMMON LAW' COUNTRIES (Umluvy Haagske konference mezinarodniho prava soukromeho z pohledu zemi 'common law')

100%
Hradilova V.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 3
227-234
EN
This paper deals with the participation of common law countries in the work of the intergovernmental organization - The Hague Conference on Private International Law. The most significant discussed item of the United States involvement in the Hague Conference was the submission of the method of uniform legislation, in addition to the method of drafting of multilateral conventions. The federalism of the United States, Canada and Australia has left a strong influence on the text of Hague Conventions. It is difficult for these federal countries to complete the process of ratification of such conventions. Generally, it is clear that in common law countries the particular types of conventions have proved more successful than other conventions. The most popular are 'procedural conventions'. The second part of this paper is focused on 'procedural conventions': the Service and Evidence Conventions and those seeking to abolish legalization for foreign public documents.
2

IMPLICATIONS OF THE ECJ 'LUGANO II' OPINION FOR EUROPEAN UNION'S EXTERNAL ACTIONS CONCERNING PRIVATE INTERNATIONAL LAW

100%
Niedzwiedz M., Mostowik P.
Yearbook of Polish European Studies
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2010
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vol. 13
129-148
EN
The remarkable 'Lugano II' opinion, given by the Court of Justice of the European Union in 2006 (case 1/03), has had the implications going far beyond the specific matter it decided, namely the competence of the EC to conclude the second Lugano Convention. Following 'Lugano II' numerous international agreements have been concluded with direct or indirect reference to the Court's opinion as justification for the EU's exclusive competence in a given area. This refers, among others, to the Hague Convention on the Choice of Court Agreements of 30 June 2005, the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations, and the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance. Therefore the Court of Justice, by its flexible reading of the so-called ERTA doctrine regarding the EU's implied external competence to conclude international agreements, has created a powerful instrument for the unification of sources of private international law sensu largo (especially rules concerning conflict of laws) and the undertaking by the EU of external actions in other areas of EU law.
3

ACTIO PRO SOCIO S CUDZÍM PRVKOM

75%
Gregová Širicová Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 4
361 – 376
EN
The paper deals with the analysis of derivative action (actio for socio) with a foreign element. Determination of jurisdiction and the law applicable to the actio pro socio is not a priori clear. As for jurisdiction, the problem seems to be a distinction between contractual and non-contractual claims, which is a key moment for the assessment of the so called special jurisdiction according to Brussels I Regulation. Regarding the applicable law, it was necessary to distinguish the law applicable for the instrument (derivative action) and for the claim that it is enforced through this instrument. When determining the law applicable to the tool, it was observed that the derivative action causes qualifying problem with regard to possible assessment of the tool as a procedural. It was argued that some aspects of actio pro socio will be procedural in nature (court will therefore apply its domestic law, e.g. the costs), other aspects are more likely substantive in nature (the court has to apply the conflict rules, e.g. subject entitled to file actio pro socio, possible defendants and pursued claims). In the next step (determination of the applicable law) we argued that the relevant questions are excluded from the scope of the European conflict rules (Regulation Rome I and Rome II). In the absence of unified conflict rules, the European court must resort to the domestic rules. In case the jurisdiction of Slovak courts would be established, it is necessary to analyse the Slovak national conflict rules. The Slovak court will apply the law of the state where the legal person was incorporated (both for the substantive aspects of the actio pro socio and for the claim that is enforced through it).
4

VYBRANÉ OTÁZKY PRÁVNEJ OCHRANY ZRANITEĽNÝCH DOSPELÝCH PROSTRIEDKAMI MEDZINÁRODNÉHO PRÁVA SÚKROMNÉHO – ZÁKON O MEDZINÁRODNOM PRÁVE SÚKROMNOM A PROCESNOM

75%
Ďuriš M., Burdová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 2
164 – 172
EN
The article deals with the legal regulation of Slovak courts jurisdiction, applicable law and recognition of foreign decisions in matters of restriction or deprivation of legal capacity and guardianship in the Slovak Act on private international and procedural law. Particular attention is paid to recent changes in legislation and their consequences for Slovak nationals with habitual residence abroad.
5

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

63%
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.
6

Prawo właściwe dla grupy spółek

63%
Błaszczyk P.
Kwartalnik Prawa Prywatnego
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2011
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vol. 20
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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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