Ogólna charakterystyka zasad prawnych obowiązujących w norweskim prawie prywatnym międzynarodowym
General Characteristics of the Legal Principles Applicable in Norwegian International Private Law.
Author(s): Błażej KuźniackiSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Privite Norway International Law; Conflict of Laws; General Rules; EFTA; EEA; European Union
Summary/Abstract: Description of the legal rules binding in the Norwegian private international law may be interesting lecture not only for academics, but also for ordinary citizens. This is due to the fact that in Norway nearly 12% of the total population constitutes foreigners. Immigrants living in Norway come from 216 countries from all over the world. It is worth to noticed that the citizens of the Poland embraces the largest group of immigrants living in Norway and represents nearly 50,000 people. Due to such large ethnic differences in Norway exist a big need for frequent application of the rules of private international law by Norwegian courts. The aim of this paper is to introduce to the Polish reader the system of private international law in Norway. The article has been written mostly based on Norwegian literature and case law. The legal principles found in the Norwegian private international law has been described in general terms, without going into specific issues. First and foremost this paper contains a description of legal rules in Norwegian international private law such: contractual and non‑contractual law, family law, inheritance law, property law and the right of life insurance law. Problematic of application by the Kingdom of Norway the legal rules binding in the European Union is also diseussed. The significance of creation the rules of Norwegian international private law by Norwegian case‑law and the viewpoints of doctrine relevant in this respect has also been depicted. This is due to the fact that the use of certain legal provisions requires a theoretical support gives by the doctrine — for example, the public policy (ordre public), and practical support through the creation of legal rules by courts. This is especially needed in those parts of international private law, in which there are legal gaps such in contractual and non‑contractual obligations.
Journal: Problemy Prawa Prywatnego Międzynarodowego
- Issue Year: 2010
- Issue No: 7
- Page Range: 91-107
- Page Count: 17
- Language: Polish