O poszukiwaniu prawa właściwego do oceny spraw majątkowych zarejestrowanego za granicą związku partnerskiego według polskiego prawa prywatnego międzynarodowego

Abstract

Although the institution of registered partnership is unknown to the Polish family law, nevertheless regarding the increasing mobility of population it must be taken into account that the situation of registered partners may depend on the judgement issued by a Polish court or on the proper proceeding of Polish notary, advocate, chamber counsel or bank worker. Therefore it is justified to essay to find in Polish private international law the conflict rule indicating the law applicable to patrimonial issues related to registered partnership. The main difficulty associated with this task results from the fact that there is no explicit regulation concerning this subject among conflict of law provisions operative in Poland. Thus the following ways to find the law applicable to the patrimonial relations between registered partners deserve consideration: a) extension — on the ground of private international law — of the notion of marriage to registered partnership b) repartition of different types of registered partnership between two categories known to Polish private international law, in particular: ‘marriage’ and ‘contractual obligation’, according as a given model of registered partnership is characterized by the domination of institutional either contractual element c) application of the conflict rules concerning marriage and spouses by means of analogy d) equation — on the ground of private international law — of the registered partner with concubinage. However, the well‑founded reasons prevail to reject these solutions and to apply the article 67 of the Act of 4 February 2011 — Private International Law, whereupon the conflict rule determining the law applicable to registered partnership (including patrimonial relations between partners) drawn from the content of the said provision should operate with the criterion leading to the state, in name of which acted the authority who proceeded the registration of union. Nevertheless certain patrimonial issues, in particular the succession cases and the questions of alimentation between partners should be considered according to the law indicated by the conflict rules concerning these matters.