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1

Stodwudziestopięciolecie Haskiej Konferencji Prawa Prywatnego Międzynarodowego

100%
Wysocka-Bar A.
Kwartalnik Prawa Prywatnego
|
2019
|
vol. 28
|
issue 2
379-416
EN
The article is an overview of the works of the Hague Conference on Private International Law, which celebrated its 125th anniversary in September 2018. It presents the beginnings of the Hague Conference, the adoption of its statute, including the changes introduced therein in connection with the accession of the European Union, as well as the list of its members and connected parties. The article lists all diplomatic sessions and all adopted conventions. It also explains how non-members may accede to Hague conventions and presents other endeavours of the Hague Conference, namely its publications, the INCADAT database, the iSupport project and current legislative projects, including the judgment project which will be finalised at the 22nd session.
2

Czeska kodyfikacja prawa prywatnego międzynarodowego z 2012 roku

100%
Bříza P., Zavadilová M.
Kwartalnik Prawa Prywatnego
|
2019
|
vol. 28
|
issue 2
467-496
EN
The new Act on Private International Law of 25 February 2012 (PILA) has been in force since 1 January 2014 and, together with the new Civil Code and the new Business Corporation Act, constitutes the new Czech private law codification. The novelties and significant changes to national private law have triggered the need to adapt private international law rules. Furthermore, another important reason behind this new codification was the increasing number of European Union regulations in the area of private international law and judicial cooperation in civil matters. The authors avail themselves of the opportunity to present the new Czech private international law rules in a broader context and, therefore, in the introductory part of the article, they provide an overview of the evolution of codifications of private international law rules. They start from the initial, pre-First World War efforts to codify private international law in the Austro-Hungarian Empire (the so-called „Vienna Draft“) undertaken by the leading Czech and Polish professors; then they describe the background and logic of the two first codifications – the acts on private international law of 1948 and 1963 – and, finally, they present the process of drafting PILA as part of the new Czech private law. PILA follows the tradition of merging conflict of law rules with the rules on jurisdiction in a single act, notwithstanding some changes introduced to the internal structure of the act. The goal of the authors is to provide readers with a brief yet comprehensive information on the provisions of PILA. The structure of the article follows the structure of PILA. The first part deals with the scope of the act, its relation to EU law, international treaties and certain general provisions of private international law (overriding mandatory rules, public policy, abuse of law); the second part includes general rules on procedure and the recognition and enforcement of foreign judgments; the third part sets out general rules on the conflict of laws (characterisation, renvoi, the ascertainment of foreign law etc.). The fourth part contains special rules for specific matters (legal capacity of natural persons and legal entities, legal acts, family law, registered partnerships, rights in rem, succession law, obligations). The fifth part includes general rules on judicial cooperation; the sixth part sets out rules on insolvency, while the seventh part sets out rules on arbitration, including the recognition and enforcement of foreign arbitration awards. Finally, the eighth part and the ninth part set out transitional and final provisions, as well as provisions governing the entry into force. The authors also highlight EU regulations and international treaties that are relevant and directly applicable to the individual parts.
3

Joseph Story. Portret uczonego prawnika i pragmatycznego sędziego

100%
Zajadło J.
Kwartalnik Prawa Prywatnego
|
2022
|
vol. 31
|
issue 1
5-31
EN
Joseph Story (1779-1845) studied law at Harvard and subsequently opened a law practice in Salem. After a brief political career with the state authorities and later in Congress, president James Madison appointed him to the Supreme Court in 1812. To this day, Story is the youngest justice in the long history of this institution. He spent thirty-three years on the Supreme Court up to his death in 1845. According to modern rankings, he is considered to be one of the best justices, alongside such eminent personalities as John Marshall, Oliver W. Holmes, Earl Warren, and William J. Brennan. Independently of his Supreme Court position, Story lectured at Harvard and carried out scholarly work. He was the author of several commentaries in different areas of law, including constitutional, civil, commercial, and financial law; the best known of them being his three-volume commentary on the Constitution of the United States, published in 1833. The main purpose of this article is the presentation Joseph Story’s two different professional roles: brilliant scientist lawyer and eminent Supreme Court judge. The first is analysed on the example of his outstanding Commentaries on the Conflict of Law (1834), the second – on the basis of his controversial verdict in Prigg v. Pennsylvania (1842).
4

Prawo właściwe dla dóbr osobistych i ich ochrony

75%
Pilich M.
Kwartalnik Prawa Prywatnego
|
2012
|
vol. 21
|
issue 3
599-650
EN
The issue of international protection of personality rights has become important in the recent public debate taking place in Poland and other European countries. Because of failed attempts to introduce an appropriate conflicts rule to the EU Regulation on the law applicable to non-contractual obligations (Rome II), the Polish lawgiver has decided to establish Article 16 of Polish Private International Law Act of February 4, 2011, which specifies the law applicable to both the rights of personality (paragraph 1) and to the protection of such rights (paragraph 2). Additional conflicts rule in the paragraph 3 of the above-mentioned Article relates to the law applicable to the right of the reply, correction, and other similar means provided by the press laws. The article is devoted to a detailed analysis of the regulation in the context of the comparative law (taking into account esp. the Italian, French, German, and Swiss private international law). The author argues that the distinction between the law applicable to personality rights as a kind of the “preliminary question” and the law applicable to the protection of the said rights has been unnecessary and it only makes the use of private international law rules more complicated. Moreover, the structure of Article 16 paragraph 16 of Polish PIL Act, granting the choice between the law of the State in which the threat or violation of personality rights takes place and the law of the State in which the effects of that event occurred, is silent on the cases where the victim did not express any such will as to the applicable law. The analysis is focused on the interpretation of the rules and their practical application. The author analyses also the prospects for the future amendment to the Rome II Regulation concerning the law applicable to the violations of privacy and rights of personality. He is of the opinion, that in spite of the initiative of the European Parliament of the year 2012, such an amendment seems to be rather uncertain because of the deep institutional crisis of the European Union.
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