Overriding Mandatory Provisions in Polish 2011 Private International Law Act
Overriding Mandatory Provisions in Polish 2011 Private International Law Act

Summary/Abstract: The article presents the concept of overriding mandatory provisions as it is shaped in Polish 2011 Private International Law Act. The history of the concept and influences from EU private international law instruments are explained. 2011 PILA allows for the application of the overriding mandatory provisions of the forum, and ‘taking into account’ of such rules originating from third states. An example of substantive rules qualified by the legislator as overriding mandatory provisions is given. The concept of overriding mandatory provisions is eagerly commented by authors in legal literature, but outside the scope of EU instruments it does not appear in Polish jurisprudence.

• Details
• Contents