General norms of private international law in Dominican PIL Act 2014 Cover Image

Normy części ogólnej prawa prywatnego międzynarodowego w dominikańskiej ustawie z 2014 roku
General norms of private international law in Dominican PIL Act 2014

Author(s): Katarzyna Sznajder-Peroń, Paulina Twardoch
Subject(s): Law, Constitution, Jurisprudence, History of Law, International Law, Public Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: conflict of laws; general rules of private international law; legislative history; Inter-American Conventions; OHADAC Model Law; application of foreign law; public policy; renvoi; adjustment of norms

Summary/Abstract: The article aims at acquainting the Polish jurist with the new regulation of PIL in the Dominican Republic. The Dominican Act on Private International Law of 15 October 2014 encompasses norms on international jurisdiction, recognition and enforcement of court decisions, as well as on conflict of laws. The authors present an outline of the scope and content of the act, but concentrate on the general norms of PIL it contains. They discuss the solutions it introduces in the approach to the nature of conflict of laws rules, the process of ascertaining the content of foreign law, as well as to its application. Further, common issues of PIL are addressed, such as the role of public law norms, the admissibility of renvoi, the function of ordre public. The specific Dominican regulation of the concept of adjustment (l’adaptation) is also presented. Finally, a brief analysis is made concerning the rules on the recognition of legal effects of acts effected under foreign law. The text is a presentation of the key issues one deals with while confronted with conflict of laws problems. Therefore, it affords a comparative insight into the latest developments in PIL in the Dominican Republic itself, but also in the region as a whole. Also, references are made to the legislative history of the new regulation, particularly regarding the Draft OHADAC Model Law relating to PIL and the Inter-American Conventions in this field. The article is accompanied by the Polish translation of the 2014 Act.

  • Issue Year: 2017
  • Issue No: 20
  • Page Range: 139-161
  • Page Count: 23
  • Language: Polish