INTRODUCTION TO PRIVATE INTERNATIONAL LAW
Dr. Andrzej W. Wiśniewski
preliminary (incidental) question; adaptation;
multi-jurisdictional legal systems
1. Conflicts of the 2nd degree: a reminder
See Exhibit 3 to Lecture 2
2.1. Explanation of the problem: should a conflict norm lead us directly to the substantive norms of the foreign system, or should it use the intermediary of its conflict rules?
2.2. How exactly does renvoi operate?
2.3. Why renvoi?
2.4. Regulation of renvoi in the PIL and in the European conflict law
See Art. 5 of PIL; Art. 20 of Rome I regulation; Art. 24 of Rome II Regulation
3. Characterization in the conflict of laws
3.1. The concept of a characterisation conflict
a) Characterisation by lex fori
b) Characterisation by lex causae
c) “Comparative” or “autonomous” (“functional”) school
4. The problems of preliminary question and adaptation
4.1. Preliminary question
5. Multi-jurisdictional legal systems
5.1. The problem: two types of multijurisdictional systems (examples: Switzerland and the USA)
5.2. Solutions: Polish and European law
See Art. 9 of PIL; Art. 22 of Rome I regulation; Art. 25 of Rome II Regulation