The Closest Connection as the Directing Principle of the Private International Law Cover Image

Zasada najściślejszego związku jako reguła kierunkowa prawa prywatnego międzynarodowego
The Closest Connection as the Directing Principle of the Private International Law

Author(s): Marcin Czepelak
Subject(s): Law, Constitution, Jurisprudence, International Law, Philosophy of Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: private international law; closest connection; predictability; party autonomy; protection of the weaker party; qualification

Summary/Abstract: This paper discusses the closest connection as a relationship resembling the function in mathematics. Firstly, it is the relationship between a legal issue ant the law applicable to that issue. Secondly, the closest connection determines also the way, how legal issues are defined. It means, that the closest connection constitutes relationship between the factual matrix of the case and the legal issues resulting thereof. Thirdly, the appropriate provisions of the applicable law are also determined on the basis of the closest connection. Accordingly, the case should be decided by these rules of the applicable law, which cover the factual matrix of that case with their scope of application, notwithstanding the qualification assumed by the applicable law. In this way the rules, which have the closest connection to the case will come into operation. In the nutshell, the closest connection joins factual and legal elements.Another problem discussed in this paper is the attempt of description of the closestconnection. It has been done by the analysis of the interplay of the four fundamentalprinciples of the private international law: the closest connection, predictability, partyautonomy and the protection of the weaker party. It has been shown, that the closestconnection is always a starting point, however usually not the final goal of the privateinternational law.

  • Issue Year: 2016
  • Issue No: 18
  • Page Range: 81-97
  • Page Count: 17
  • Language: Polish