Katedra Powszechnej Historii Państwa i Prawa

Sylabuses: Sylabus przedmiotu / Karta opisu przedmiotu (PL) - Sylabus / Educational subject description sheet (ENG)

Course contents: 

The lecture will be conducted for 10 hours (5 meetings of 2 hours each). The subject of the individual meetings will be selected doctrines of English law with which a Polish court applying foreign law in civil proceedings may have to deal. The selection of issues for the seminar is based on the experience of the lecturer as an expert appointed by Polish courts to deal with private law of common law jurisdictions. Thanks to this practice, he has knowledge of what types of cases with an English or American element come before Polish courts.

Topics of individual meetings:

1. Sources of law in the UK (precedent law versus statute law and equity law versus common; Brexit issues; legal research; legal reasoning).

2. Jurisdictional clauses (subjective and objective scope, third parties, assignment).

3. Domicil of individuals (using the "Polish" case of Cyganik v. Agulian (2006) EWCA Civ 129 as an example).

4. Law of succession (executorship, succession, liability for debts, form of a will, rights of dependents).

5. Corporate law (Companies Act 2006 c. 46 and Insolvency Act 1986 c. 45).

Students' materials: 

Links to pieces of academic literature, cases and statutes' texts will be provided by the lecturer via mail.  

Examination: 

The course will end with an on site, written, open-book, English language exam scheduled to take place in November 2023. Students will answer two tasks: one open question and one case study (on the basis of which a student will be required to draft short opinion for Polish court). Exam's duration is two hours. Registration via usos.