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Introduction to Polish Private International Law First Classes Dr. Mateusz Pilich Chair of Int’l Private and Trade Law, University of Warsaw.

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Presentation on theme: "Introduction to Polish Private International Law First Classes Dr. Mateusz Pilich Chair of Int’l Private and Trade Law, University of Warsaw."— Presentation transcript:

1 Introduction to Polish Private International Law First Classes Dr. Mateusz Pilich Chair of Int’l Private and Trade Law, University of Warsaw

2 Organizational Matters

3 Some Information on Our Classes Course instructor: Dr. Mateusz Pilich [ma’teu ʃ ’piliχ] Course instructor: Dr. Mateusz Pilich [ma’teu ʃ ’piliχ] Consultations for students: Wednesdays, 3:30 p.m., room 111 (Coll. Iur. IV) Consultations for students: Wednesdays, 3:30 p.m., room 111 (Coll. Iur. IV) Form of classes: lecture (but please, try to join in the discussion) Form of classes: lecture (but please, try to join in the discussion) Materials available at: Materials available at: Textbook in English: there is no any, suggested solutions: buy or borrow an English one, may be useful (in spite of differences), a manual in your native language as a supplement Textbook in English: there is no any, suggested solutions: buy or borrow an English one, may be useful (in spite of differences), a manual in your native language as a supplement Giving credits: after the full course but no typical examination, most probably essays (to be decided) Giving credits: after the full course but no typical examination, most probably essays (to be decided)

4 Introductory Issues

5 What is the Private Int’l Law? Examples: Examples: Polish enterprise Alpha SA enters into a contract with German service provider Beta GmbH. There is a dispute between the parties concerning delayed payment. The latter company intends to sue its counterparty in Poland. Polish enterprise Alpha SA enters into a contract with German service provider Beta GmbH. There is a dispute between the parties concerning delayed payment. The latter company intends to sue its counterparty in Poland. Polish student Jerzy B. buys a bike in a US e-shop. He is strongly dissatisfied with the poor quality of the goods, obviously not in the line with the contract. The other party refuses to accept his complaint. Polish student Jerzy B. buys a bike in a US e-shop. He is strongly dissatisfied with the poor quality of the goods, obviously not in the line with the contract. The other party refuses to accept his complaint. Spanish Erasmus student Ana G. S. (any correlation of names is casual…) meets and falls in love with Polish colleague Marcin C. After 2 years of a distance relationship, the couple decides to marry. The ceremony would take place in Warsaw, where both newlyweds possibly will stay. How about the family names of future spouses and effects of marriage? Spanish Erasmus student Ana G. S. (any correlation of names is casual…) meets and falls in love with Polish colleague Marcin C. After 2 years of a distance relationship, the couple decides to marry. The ceremony would take place in Warsaw, where both newlyweds possibly will stay. How about the family names of future spouses and effects of marriage?

6 Problems with a Definition May be widerly or strictly defined May be widerly or strictly defined PRIVATE – only private law matters involved (  Ulpianus) PRIVATE – only private law matters involved (  Ulpianus) Its aim is to regulate the cross-border private law relationships (marriages, contracts, property, etc.) Its aim is to regulate the cross-border private law relationships (marriages, contracts, property, etc.) INTERNATIONAL – functionally: yes, genetically: no (  Public International Law, Law of Nations) INTERNATIONAL – functionally: yes, genetically: no (  Public International Law, Law of Nations) PIL touches interests of the states in a specific context: conflicts of private laws of various countries PIL touches interests of the states in a specific context: conflicts of private laws of various countries

7 Stricter Notion of the PIL Designates only the law applicable to private law issues concerning the relationship in question Designates only the law applicable to private law issues concerning the relationship in question In a case between Ana G. S. and Marcin C. e.g. the minimum age and capacity to marry, a subsequent statutory property regime between spouses, etc. In a case between Ana G. S. and Marcin C. e.g. the minimum age and capacity to marry, a subsequent statutory property regime between spouses, etc. Question: the law of which country shall apply (Polish? Spanish?) and to which extent? Question: the law of which country shall apply (Polish? Spanish?) and to which extent? Indirect regulation, focused on substance Indirect regulation, focused on substance Problematic neutrality Problematic neutrality

8 Wider Notion of the PIL Focused on a cross-border relationship as such Focused on a cross-border relationship as such Direct regulation may be of Direct regulation may be of the international provenience, the so-called ‘uniform law’ (e.g. the CISG – 1980 Vienna UN Convention on Contracts for the International Sale of Goods) the international provenience, the so-called ‘uniform law’ (e.g. the CISG – 1980 Vienna UN Convention on Contracts for the International Sale of Goods) the national provenience (some Civil Code provisions referring e.g. to the foreign nationality of a party as an element arising certain legal effects) the national provenience (some Civil Code provisions referring e.g. to the foreign nationality of a party as an element arising certain legal effects) Focused on substance Focused on substance Problematic neutrality Problematic neutrality

9 Interplay between the PIL and Civil Procedure Jurisdiction first! Jurisdiction first! Principle of legis fori processualis Principle of legis fori processualis Principle of abstraction of the designation of the law applicable and the international courts’ competence Principle of abstraction of the designation of the law applicable and the international courts’ competence Exceptions (German Gleichlaufsprinzip) Exceptions (German Gleichlaufsprinzip) EU Private International Law touches both EU Private International Law touches both Partly different legal instruments as to the conflict of laws and the procedural issues Partly different legal instruments as to the conflict of laws and the procedural issues The impact of the recognition and enforcement of judgments on the conflict of laws The impact of the recognition and enforcement of judgments on the conflict of laws The phenomen of ‘forum shopping’ – remarks on a case before the SC, I CSK 697/12 Cimoszewicz-Harlan v Wprost The phenomen of ‘forum shopping’ – remarks on a case before the SC, I CSK 697/12 Cimoszewicz-Harlan v Wprost

10 Points of Tangency with Other Branches of Law Public International Law Public International Law Something different (yet see the so-called ‘international school’ of PIL) Something different (yet see the so-called ‘international school’ of PIL) Notions of the ‘nationality’ and ‘country’ Notions of the ‘nationality’ and ‘country’ International sources – conventions International sources – conventions Civil, commercial and labor law Civil, commercial and labor law Separate disciplines of private law (so the PIL, too) Separate disciplines of private law (so the PIL, too) They regulate the private law relationships in a direct way, the PIL (as strictly understood) indirectly They regulate the private law relationships in a direct way, the PIL (as strictly understood) indirectly Private International Law may designate private (substantial) law of any country as applicable Private International Law may designate private (substantial) law of any country as applicable

11 Thanks for your attention!


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