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No. 1 (1960)
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Overview of problematics of the public order clause in private international law

[Overview of problematics of the public order clause in private international law]

  • Mieczysław Sośniak

Published 2023-04-29

Keywords

  • private international law,
  • general clauses,
  • public order,
  • conflict of law rules,
  • application of law
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This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

Overview of problematics of the public order clause in private international law: [Overview of problematics of the public order clause in private international law]. (2023). Studia Prawnicze The Legal Studies, 1, 51-86. https://doi.org/10.37232/sp.1960.1.2

Abstract

According to the wording of article 38 of the Act of 2 August 1926 on the law applicable to private international relations, the public order clause consists in excluding the application on the territory of the Republic of Poland of foreign legal norms designated by the conflict-of-law rules as applicable on the basis of the fact that these norms conflict with the fundamental principles of public order or good morals. The term public order, due to the frequency with which it varies, is one of the most difficult issues to define in the study of private international law. The author of the article addresses issues concerning the specification of the concept of public order by citing the autonomous, comparative and blanket concepts. Furthermore, it describes the German solutions in this matter and presents the concretisation prerequisites for the concept of public order.