Prawo właściwe dla zobowiązań wynikających z naruszenia dóbr osobistych. Uwagi de lege ferenda

• Authors: Rycko Nikodem

Title variants

EN

Law Applicable to Obligations Arising Out of Violation of Personal Rights. Remarks De Lege Ferenda

• Languages of publication: PL

Abstracts

EN

The paper deals with the question of the optimal conflict of law regulation for the protection of personality rights in Poland. Three issues are discussed: the question of the optimum objective connecting factor, the question of the choice of the applicable law and the question of the clause of the closest connection. The most appropriate objective connecting factor seems to be the place of damage, understood as the place of the publication of information. The choice of law by the parties should be allowed. This would imply the autonomy of the will, but it would also enhance the certainty of the applicable law. Finally, it seems justified to introduce a clause of the closest connection. This would make it possible to apply the substantive law most closely linked to the situation, and also help to avoid characterisation conflicts

• Publisher: Uniwersytet Jagielloński. Fundacja Utriusque Iuris
• Journal: Forum Prawnicze
• Year: 2017
• Issue: 3 (41)
• Pages: 26–39

Contributors

author

Rycko Nikodem