ELJ-2020-1__press 2020.12.22. 11:17 Page 51
Katažyna Bogdzevič*
Overriding Mandatory Provisions in Family Law and Names
Introduction Overriding mandatory provisions have been within the interests of legal scholars for years. However, in many cases, authors focused on the overriding mandatory rules in commercial matters,1 whereas overriding mandatory provisions within international family law, and particularly within international legal aspects of personal status, have not acquired sufficient attention within legal doctrine. This therefore analyses selected issues related to overriding mandatory provisions regarding the conclusion and dissolution of marriage, personal and property relations between spouses, parental responsibility, protection of adults, and finally, names of a natural person, in international private law. This paper focuses on the relevant rules established within international conventions and European Union regulations. The second part also highlights key differences and anomalies between international and national laws, using Lithuania and Poland as examples, since both legal systems include rules on the application of overriding mandatory provisions.
I
Theoretical Background
1 The Distinction between the ‘Overriding Mandatory Norms’ and a General ‘Ordre Public’ Clause Although both international and national legal acts contain rules related to overriding mandatory norms, none provides their legal definition. Moreover, neither the legislature nor the doctrine is unequivocal regarding the definition of these norms. In the broadest understanding, overriding mandatory norms can be described as those norms that are
* Katažyna Bogdzevič (PhD) is an associate professor at Mykolas Romeris University in Vilnius, School of Law, Institute of International and European Union Law (e-mail: kbogdzevic@mruni.eu). 1 See Michael Hellner, ‘Third Country Overriding Mandatory Rules in the Rome I Regulation: Old Wine in New Bottles?’ (2009) 5 (3) Journal of Private International Law 447–470; Christopher Bisping, ‘The common European
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