Best prices Special offers for members of the PWE book club The cheapest delivery
Dr hab. Paulina Twardoch
ORCID: paulina.twardoch@us.edu.pl

An associate professor at the Faculty of Law and Administration of the University of Silesia in Katowice, a specialist in private international law and the author of numerous publications dealing with conflicts of laws and family law issues. In 2012 she earned a Ph.D. in legal sciences from the University of Silesia based on her dissertation titled “Property Relations within Registered Partnerships in Family Law and Private International Law” (supervisor: Prof. Maksymilian Pazdan). In 2020 she earned habilitation from the University of Silesia based on her monograph ‘Marriage Contracts in Private Interna­tional Law’, published in 2019.

 
DOI: 10.33226/0032-6186.2025.12.2
JEL: K31, K33, K36

The analysis presented in the article aims to distinguish among the laws applicable to family law issues and the law applicable to an individual employment contract that com­pete in the context of the problems related to both fields: family law and labour law. Thus, the principle – estab­lished within the regime primaire – of the autonomy of one spouse from the other spouse in taking up employment or in collecting and managing the earnings from his or her work falls within the conflict-of-laws category of “person­al relations between spouses”. The question of the right to compensation for an extraordinary contribution to the maintenance of the family, such as that provided for in the Swiss legal system, is governed by the law applicable to maintenance obligations. The question of the right to compensation for work in the interest of the family, such as that provided for within the separate property regime in the Spanish legal system, is covered by the scope of ap­plication of the law applicable to a matrimonial property regime. In the same way one should characterise the rules of a matrimonial property regime that determine the fate of remuneration for work and of objects used to perform a profession. The question of who is the legal represent­ative empowered to give consent to the conclusion of an employment contract by a child, is governed by the law designated by the Hague Convention of 1996 on Parental Responsibility, provided that the child is less than 18 years old and that a bilateral convention does not take prece­dence. The question of the parents’ competence to man­age assets acquired by their child through his or her work should be characterized in a similar manner.

Keywords: individual employment contract; personal and property effects of marriage; maintenance obligations; parental responsibility; applicable law