CONFLICT-OF-LAW ISSUES OF NON-CONTRACTUAL OBLIGATIONS IN POLISH-UKRAINIAN RELATIONS
CONFLICT-OF-LAW ISSUES OF NON-CONTRACTUAL OBLIGATIONS IN POLISH-UKRAINIAN RELATIONS

Summary/Abstract: This article covers the analysis of the law applicable to non-contractual obligations in Polish-Ukrainian relations. Issues described in this article are of great importance because of the large immigration of Ukrainian citizens to Poland, especially in the year 2022 due to the Russian-Ukrainian War. In these matters – if Polish court has the jurisdiction – there is a diversity of sources of law: the International Agreement between Republic of Poland and Ukraine on Legal Assistance and Legal Relations in Civil and Criminal Matters signed in Kiev on 24 May 1993; Hague Convention of 4 May 1971 on the law applicable to traffic accidents and Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). Moreover, Private International Law Act of 2011 does not apply to indicate the law applicable to non-contractual obligations. This raises the issue of mutual relations among those legal acts and their legal norms for conflict of laws related to Polish-Ukrainian non-contractual obligations. The analysis of those mutual relations is presented in this article. Apart from this issue, the article covers the scope of application and connecting factors for the cases concerning the law applicable to non-contractual obligations based on the International Agreement between Republic of Poland and Ukraine on Legal Assistance and Legal Relations in Civil and Criminal Matters.

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