Optymalna koncepcja określania właściwości prawa we wspólnotowym porządku prawnym
The Optimal Method of Indicating Applicable Law in Common Legal System

Summary/Abstract: Author examines which concept of determining of the law applicable should be considered as optimum for the community legal order. The achievements of the community private international law with regard to the substantive and to the procedural law were taken into account as well as the level of approximation of laws of Member States already reached. Author came to the conclusion that the above mentioned achievements and the reached level of approximation speaks for the concept of joining the choice of substantive rules with the rules of the international procedural law. However even such wide concept is for him insufficient as it does not take into account specifics of the internal markets. The last requires specific methods of determining of the applicability of the legal rules. Among them the leading place takes mutual recognition and equivalence of legal rules of the Member States in accordance with the Country‑of‑Origin Principle of goods and services. The article, apart from introduction and remarks conceived as material for discussion, presents a) criterions of consideration of given concept as optimum for the community law, b) the connection of the choice of law rules and of the international procedural law as already existing in the community law, c) the need of existence a construction being equivalent to the choice of law rules. This is considered by the author as significance of the Country‑of‑Origin Principle within the concept of mutual recognition and equivalence of substantive rules of the Member States.

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