Anna Olejniczak-Michalska | In Principle

It is said that familiarity breeds contempt. This old English proverb seems to be confirmed in China, where there has been an unprecedented increase in the number of divorce petitions following the opening of courts after several weeks of quarantine. While at the moment it is difficult to speak of a similar trend in Europe, the number of divorces is steadily increasing, and family law regulations are hardly keeping up with the needs of parents and children on the move. Some parents go abroad with their children, deliberately trying to bypass laws of a given jurisdiction. Others simply return with a child to their country of origin, unaware of the legal consequences of their actions. This situation, called parental abduction, constitutes a global and growing problem.

A minor may become an heir either by will or by law. Often the appointment to an inheritance results from earlier waiver by the parents (due to debts of the estate or a desire to pass on the inheritance to further heirs). However, a seemingly simple succession becomes complicated if a minor heir does not live in Poland.

The law is one of the main instruments of social impact, which is particularly evident in the midst of a global health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights.

Many businesses and their lawyers are now analysing the impact of the coronavirus on their contractual obligations. In the case of some contracts the situation is further complicated by the fact that the contract is governed by foreign law.

Many of us spend part of our lives abroad. Some migrate permanently but maintain strong ties with their country of origin. Some share their life between several countries, becoming citizens of the world with several passports, holding voting rights and real estate on different continents. For such people, a divorce may have global implications. For spouses with significant assets, the division of property is a real challenge. But while money is divisible, children are not. The determination or choice of the appropriate jurisdiction may prove crucial for proper safeguarding of litigants’ interests.