Qualification of Concepts and its Problems in Cases with Foreign Element in Poland and the United Kingdom

• Main Author: Bagan-Kurluta Katarzyna
• Format: Article
• Language: English
• Published: Sciendo 2013-05-01
• Series: Studies in Logic, Grammar and Rhetoric
• Online Access: https://doi.org/10.2478/slgr-2013-0004

Qualification is the basic instrument used in the process of application of the law. It is impossible to apply the law without conducting it. The main internal source of collision law in Poland, Act of private international law dated February 4th, 2011, does not specify how to carry on the process of the qualification, and doctrine is of the opinion that the Polish court applying foreign law should interpret the foreign concepts according to the rules of this law and give them such meanings as this law assigns to them. But also there are four doctrinal proposals concerning methods of qualification. The first one (with various modifications) is relatively popular in a number of countries, while the Polish doctrine has the greatest respect for the latter: 1) lex fori approach, 2) lex causae approach, 3) autonomous method and 4) functional method (or collision lex fori approach).