Acceso usuarios
Paulina Twardoch
Currently, there are no uniform conflict rules at the EU level concerning legal gender. Nonetheless, the eventuality of introducing such rules is worth considering. Thus, the article deals with a hypothetical scenario assuming the adoption of an EU regulation on cross-border aspects of gender affiliation. In this regard, the author puts forward proposals of solutions designed to determine the law(s) applicable to the establishment of legal gender and to the legal gender change. The ar.alysis, carried out in a comparative context, addresses the questions of the selection of objective connecting factors and of the conflict-of-laws autonomy of will, as well as the problem of delineating the scope of application of the law(s) designated by the envisaged regulation.
Situations where it is probable that a Member State authority will apply the public policy exception are also discussed. The observations and propositions formulated with the EU regulation in mind are complemented by reflections about legal gender (and matters related thereto) in Polish private international law.
