According to E. G. Lorenzen, the international theory of the conflict of laws rests almost wholly on fiction. The discipline of conflict of laws is created by a huge number of national internal laws and quite a large number of international instruments. Concepts used there are interpreted in many ways illustrating the variety of legal solutions and values. Some of the instruments facilitating the correct application of law are unregulated. One of them is qualification, which starts the process of indication (...) and application of the proper law and assists in its completion. (shrink)

Modern times are an arena for two opposing trends: the liberalization of mores and laws, and the distancing of changes and adoption of a conservative position against those that occur. Polish family law clearly fails to keep pace with the changes taking place and does not perceive new phenomena. Is this an intentional act of the legislator leading to the preservation of traditional values, or the expression of disapproval and belief in the transitoriness of new phenomena? It comes together with (...) the introduction of new terminology or new interpretations of already existing concepts. Hence the meaning of some of the current concepts in everyday language differs significantly from their meaning arising from legal instruments. The article is an attempt to deal with this problem. (shrink)