Introduction to Polish Private International Law 3rd Classes. Dr. Mateusz Pilich Chair of Int’l Private and Trade Law, University of Warsaw. Structure of the Conflict Law Rules (A Supplement). Various Types of PIL Rules. Basic division:
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Introductionto Polish Private International Law3rd Classes
Dr. Mateusz PilichChair of Int’l Private and Trade Law,University of Warsaw
An Iraqi national Ali Hassan S. worked as a translator for the Polish troops. After accomplishing his mission, he was evacuated to Poland together with his familiy. In December 2013 his wife Fatima S. demanded a divorce decree, basing her claim on the contention that her husband had not performed his duty to pay a dowry (al-maar), which is a kind of the 'price' for a bride in the Arabic countries – a 'consideration' for marrying a woman.
A rich Polish businessman Jan Z. is suffering from a mortal illness. Expecting the coming death, he asks his lawyer to found a trust in Malta, where he has registered a limited liability company and invested a considerable sum of money. Trust beneficiaries would be his three minor sons. The wife of Jan Z. gets to know of her husband's intention and raises her objection against it.
The Polish national Adam C. is married with the German national Louise C. The couple lives in Germany. After the death of Adam C., who instituted his Polish natural daughter as a testamentary heir, the latter is sued by the widow for payment of the equalization of the accrued gains ('Zugewinnausgleich'), i.e. the part of the value of the deceased spouse's property in the case of the marriage termination.
An unpaid dowry may be classified as (a) the gift under the contract (so a 'contractual obligation' Rome I); (b) marital property regime (Articles 51-52 PILA); (c) the issue governed by the law generally applicable to the grounds for the divorce (Article 54 PILA)
Trust is a typically common law institution, yet unknown to the Polish substantive law. From the standpoint of the private international law, the relationship in question may be perceived as: (a) a contract; (b) a successoral case (Article 64 ff PILA); (c) the property (Article 41 ff PILA).
According to the German Civil Code (BGB), the Zugewinnausgleich is a claim based on the marital property regime, which may justify applying of Articles 51 and 52 PILA, or the case of successions.
A deceased French national died intestate. She left an immovable property in Poland and no living next-of-kin. Polish fiscus successfully laid the claim to the immovable as her 'heir of the last resort' according to the Polish Civil Code. Rightly so?
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Article 64(2) PILA – deceased's national law
French PIL – situation of property