The Solomon's solution of the conflict treatment of incidental questions in the Czech Private International Law
Abstract
This article deals with the peculiarities of incidental questions in private international law. In case of conflict of laws there are basically two approaches to determining the law applicable to incidental questions in the theory of private international law - either based on the conflict rules of lex causae (dependent connection) or based on the conflict rules of lex fori (independent connection).
Among followers of the two approaches the debate on the law applicable to incidental questions has carried on for years, however mainly on doctrinal level, its legislative regulation is an exception. As analysed in this article, the new Czech Act on Private International Law constitutes such an exception.
Its Sec. 22 offers a solution that combines both approaches and procures a mutual interconnection between internal and international harmony of decisions