Hipoteka polska a hypothèque prowincji Quebec. Porównanie z perspektywy prawa prywatnego międzynarodowego

Abstract

A PRIVATE INTERNATIONAL LAW COMPARATIVE STUDY OF THE POLISH ‘HIPOTEKA’ AND QUEBEC’S ‘HYPOTHEQUE’Polish hipoteka and Quebec’s hypotheque constitute security rights which are commonly used in their legal systems to secure contractual obligations of various type. Both have been extensively elaborated in legal doctrine and case-law; although mainly from the perspective of the national substantive and procedural law. In times of increased human and capital mobility, more and more conflicts concerning legal issues regarding these institutions may arise. Therefore, this article focuses on the private international law perspective and refer to the substantive law of Poland and Quebec only in scope necessary for private international analysis. It shows how institutions such as hipoteka or hypotheque shall be treated by the Polish or Quebec courts in cases having a foreign element and what conflict of laws problem may arise in reference to them.