Jurysdykcja krajowa i prawo właściwe na tle konwencji haskiej o ochronie dorosłych z 2000 r. oraz projektu uzupełniającego rozporządzenia unijnego z 2023 r.
Jurisdiction and Applicable Law in the Hague Convention of 2000 on International Protection of Adults and the Draft of the Supplementary EU Regulation of 2023

Summary/Abstract: The subject of the considerations are drafts of: the EU regulation on jurisdic- tion, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults, as well as the decision to authorize EU Member States to accede to the 2000 Hague Convention on the protection of adults concerning cross-border personal and care matters. The documents dated May 31, 2023 refer not only to the legal status of a person (e.g. partial incapacitation, guardianship, assistance in performing legal actions or functionally similar institutions under foreign law), but also the effects on civil law contracts with third parties (including rights and obligations within legal transactions). Detailed comments are presented about “measures of protec- tion” for adults in legal transactions with foreign countries. The 2000 Hague Convention raises reflections on current trends in the sources of international civil procedure and private international law. They include, among others, the planned co-existence of the Hague convention and the EU “Brussels” and “Rome” regulations. The attempt to increase the number of parties to the convention and the participation of EU Member States generally deserve a positive assessment, which also means the rat- ification of the 2000 Hague Convention by Poland. However, some doubts are cast by the intention for simultaneous modification through an EU regulation. The idea of a draft EU regulation of 2023, intended to supplement and modify an international agreement for the needs of a regional economic integration organization, could prima facie be assessed

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