Przepisy wymuszające swoje zastosowanie — wybrane zagadnienia
International Mandatory Rules — Selected Remarks

Summary/Abstract: This article is an attempt to highlight some legal questions connected with the concept of international mandatory rules. This legal concept, known also as overriding mandatory provisions, loi de police, Eingriffsnormen, is defined in Article 9 sec. 1 of EU Rome I regulation as provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organization, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation. This article is an attempt to isolate and distinguish international mandatory rules from other norms of imperative character. ‘Public interest’ has been determined to be differentiating factor of decisive importance. In second part of the text international mandatory rules are confronted with mandatory requirements of public interest (as understood by doctrine of European Union law and case law of Court of Justice of European Union) and special rules imposing restrictions concerning or affecting the succession in respect of certain assets enshrined in art. 30 regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. Finally a particular problem of conformity of Article 359 § 23 of Polish Civil Code with Article 9 sec. 1 Rome I is discussed.

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