IntroductionIntroductionto Polish Private to Polish Private International LawInternational Law

First ClassesFirst Classes

Dr. Mateusz PilichDr. Mateusz PilichChair of Int’l Private and Trade Law,Chair of Int’l Private and Trade Law,

University of WarsawUniversity of Warsaw

Organizational Organizational MMattersatters

Some Information on Our ClassesSome Information on Our Classes

Course instructor: Course instructor: Dr. Mateusz Pilich Dr. Mateusz Pilich [ma’teu[ma’teuʃ ʃ ’’pilipiliχχ]] Consultations for students: Consultations for students: Wednesdays, 3:30 p.m., Wednesdays, 3:30 p.m.,

room 111 (Coll. Iur. IV)room 111 (Coll. Iur. IV) Form of classes: Form of classes: lecture (but please, try to join in lecture (but please, try to join in

the discussion)the discussion) Materials available at: Materials available at:

http://www.mateuszpilich.edh.pl/pil/ Textbook in English: Textbook in English: there is no any, suggested there is no any, suggested

solutions: buy or borrow an English one, may be solutions: buy or borrow an English one, may be useful (in spite of differences)useful (in spite of differences), a manual in your , a manual in your native language as a supplementnative language as a supplement

Giving credits: Giving credits: after the full course but after the full course but no typical no typical examinationexamination, most probably essays (to be decided), most probably essays (to be decided)

Introductory IssuesIntroductory Issues

What is the What is the Private Int’l LawPrivate Int’l Law??

Examples:Examples: Polish enterprise Alpha SA enters into a contract with German service Polish enterprise Alpha SA enters into a contract with German service

provider Beta GmbH. There is a dispute between the parties concerning provider Beta GmbH. There is a dispute between the parties concerning

delayed payment. The latter company intends to sue its counterparty in delayed payment. The latter company intends to sue its counterparty in

Poland.Poland.

Polish student Jerzy B. buys a bike in a US e-shop. He is strongly dissatisfied Polish student Jerzy B. buys a bike in a US e-shop. He is strongly dissatisfied

with the poor quality of the goodswith the poor quality of the goods, obviously not in the line with the , obviously not in the line with the

contractcontract. The other party refuses to accept his complaint.. The other party refuses to accept his complaint.

Spanish Erasmus student Ana G. S. (any correlation of names is casual…) 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 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 distance relationship, the couple decides to marry. The ceremony would

take place in Warsaw, where both newlyweds possibly will stay. How about take place in Warsaw, where both newlyweds possibly will stay. How about

the family names of future spouses and effects of marriage?the family names of future spouses and effects of marriage?

Problems with a DefinitionProblems with a Definition

May be May be widerlywiderly or or strictlystrictly defined defined PRIVATEPRIVATE – only – only private lawprivate law matters involved ( matters involved (

Ulpianus)Ulpianus) Its aim is Its aim is to regulate the cross-border to regulate the cross-border

private law relationships private law relationships (marriages, (marriages, contracts, property, etc.)contracts, property, etc.)

INTERNATIONALINTERNATIONAL – functionally: yes, genetically: – functionally: yes, genetically: no (no ( Public International Law, Law of Nations) Public International Law, Law of Nations)

PIL touches interests of the states in a specific PIL touches interests of the states in a specific context: context: conflictsconflicts of private laws of various of private laws of various countriescountries

Stricter Notion of the PILStricter Notion of the PIL

Designates Designates onlyonly the the law applicablelaw applicable to to private law issues private law issues concerning the concerning the relationship in questionrelationship in question In a case between Ana G. S. and Marcin C. e.g. the In a case between Ana G. S. and Marcin C. e.g. the

minimum age and capacity to marry, a subsequent minimum age and capacity to marry, a subsequent statutory property regime between spouses, etc.statutory property regime between spouses, etc.

Question: the law of which country shall apply Question: the law of which country shall apply (Polish? Spanish?) and to which extent?(Polish? Spanish?) and to which extent?

Indirect regulation, focused on substanceIndirect regulation, focused on substance Problematic Problematic neutralityneutrality

Wider Notion of the PILWider Notion of the PIL

Focused on a cross-border relationship as suchFocused on a cross-border relationship as such Direct regulation may be ofDirect regulation may be of

the the international international provenience, the so-called provenience, the so-called ‘uniform law’ (e.g. the CISG – 1980 Vienna UN ‘uniform law’ (e.g. the CISG – 1980 Vienna UN Convention on Contracts for the International Sale of Convention on Contracts for the International Sale of Goods)Goods)

the the nationalnational provenience (some Civil Code provenience (some Civil Code provisions referring e.g. to the foreign nationality of a provisions referring e.g. to the foreign nationality of a party as an element arising certain legal effects)party as an element arising certain legal effects)

Focused on substanceFocused on substance Problematic neutralityProblematic neutrality

Interplay between the PILInterplay between the PILand Civil Procedureand Civil Procedure

Jurisdiction first!Jurisdiction first! Principle of Principle of legis fori processualislegis fori processualis Principle of Principle of abstraction abstraction of the designation of the law of the designation of the law

applicable and the international courts’ competenceapplicable and the international courts’ competence Exceptions (German Exceptions (German GleichlaufsprinzipGleichlaufsprinzip)) EU Private International Law touches bothEU Private International Law touches both Partly different legal instruments as to the conflict of Partly different legal instruments as to the conflict of

laws and the procedural issueslaws and the procedural issues The impact of the recognition and enforcement of The impact of the recognition and enforcement of

judgments on the conflict of lawsjudgments on the conflict of laws The phenomen of The phenomen of ‘forum shopping’ ‘forum shopping’ – remarks on a case – remarks on a case

before the SC, I CSK 697/12 Cimoszewicz-Harlan v before the SC, I CSK 697/12 Cimoszewicz-Harlan v WprostWprost

Points of TangencyPoints of Tangencywith Other Branches of Lawwith Other Branches of Law

Public International LawPublic International Law Something different (yet see the so-called Something different (yet see the so-called

‘international school’ of PIL)‘international school’ of PIL) Notions of the ‘nationality’ and ‘country’Notions of the ‘nationality’ and ‘country’ International sources – conventionsInternational sources – conventions

Civil, commercial and labor lawCivil, 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 They regulate the private law relationships in a

direct way, the PIL (as strictly understood) indirectlydirect way, the PIL (as strictly understood) indirectly Private International Law may designate private Private International Law may designate private

(substantial) law of any country as applicable(substantial) law of any country as applicable

Thanks for your Thanks for your attention!attention!