List of questions

 

Attention please! The examination questions may not replicate verbatim the following list.

 

1.      The function and method of Private International Law understood as conflicts law

http://www.pil.mateuszpilich.edh.pl/Introduction_PIL.pdf

2.      The relationship of PIL to Public International Law, International Civil Procedure and substantive (Civil and Commercial) law

http://www.pil.mateuszpilich.edh.pl/Introduction_PIL.pdf

3.      The international and local sources of Polish Private International Law

4.      Relation between the law of conflict of laws and the rules governing jurisdiction

5.      The elements of a conflicts norm (please have in particular regard to the time factor)

6.      Substantive norms applicable without regard to the proper law indicated by the PIL: the problem of overriding statutes (overriding mandatory provisions)

7.      The problem of renvoi: its essence; its regulation in the Polish PIL Act and in European conflict law – please visit a website: http://www.us.edu.pl/sites/wpia.us.edu.pl/files/addressbook/4192/Renvoi0001.pdf

8.      The problem of characterization: what is the essence of the problem and how one may attempt to solve it – it may be useful: http://www.us.edu.pl/sites/wpia.us.edu.pl/files/addressbook/4192/Classification0001_0.pdf

9.      The problem of multijurisdictional (non-unified) legal systems: the Polish PIL’s and the European conflict law’s solutions

10. Public policy exception: its essence, the scope of protection and effects of its application – it seems appropriate to visit the following:

http://dare.uva.nl/document/118208

11. Change of the law applicable: what are the possible reasons and when it can amount to law evasion (Time factor in the conflict of laws, Law evasion)

http://www.jstor.org/stable/757180

http://lsa.mcgill.ca/pubdocs/files/privateinternationallaw/284-tetley_privateinternationallaw_-0.doc

12. The Polish Court’s sources of information on the contents of foreign law to be applied

http://books.google.pl/books?isbn=3866539126

13. Law governing the legal persons -in particular companies- and the related problems (the problem of the law applicable to corporations)

http://books.google.pl/books?id=Hy_9cBAUfGYC&lpg=PA261&ots=mjdSXyCNUl&dq=corporations%20private%20international%20law&hl=pl&pg=PA260#v=onepage&q&f=false

14. Freedom of establishment under the Treaty on the Functioning of the European Union and the law applicable to corporations.

  1. Natural persons in Private International Law (nationality, permanent residence, habitual residence as connecting factors)

http://www.juridicainternational.eu/?id=12538

  1. The name of the natural person in the PIL
  2. Law applicable to the rights of personality of natural and moral persons
  3. Law applicable to juridical acts (Article 24-25 PIL, Article 10-11 Rome I)
  4. Powers of attorney in the Private International Law
  5. Law governing the prescription of claims/limitation of action
  6. Choice of law applicable to contractual obligations

http://www.law.cam.ac.uk/faculty-resources/10009750.doc

  1. Law governing contracts in the absence of parties' choice (Article 4 Rome I)
  2. Consumer contracts (Article 6 Rome I, Article 30 PIL)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1352426 (attention! The article is devoted to the 1980 Rome Convention – the predecessor of the Rome I Regulation)

  1. Insurance (only general problems, incl. Article 29 PIL)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1894947

  1. Law governing torts/delicts under Rome II
  2. International regimes of the ownership and other rights in rem (Articles 41 to 44 PIL)
  3. Marriage in the PIL (formal and substantive law issues)
  4. Law governing marital property regimes, including prenuptial and marital agreements
  5. Law applicable to divorce and separation
  6. Affinity, parentage determination and (voluntary) acknowledgment
  7. Law applicable to maintenance obligations (the 2007 Hague Protocol, its status in the European Union law)
  8. Law governing the parental responsibility
  9. Guardianship and care under the Private International Law of Poland
  10. Choice of the law applicable to successions
  11. Law applicable to successions in the absence of the choice by the deceased