Abstract
The article deals with the conflict treatment of incidental questions in the field of private international law. The notion of incidental question is not connected with this field only, however, although it is very common in proceedings of entirely national nature too, the existence of international element brings in another dimension.
A conflict of laws occurs and this conflict is to be solved not only in respect to the main cause of action but also in respect to the incidental question. In case the law applicable to the basic question is a foreign law, the determination of the law applicable to the incidental question may constitute a problem.
Specific provisions on the conflict treatment of incidental questions are exceptional in both national and international legislation however the new Czech Act on Private International Law represents such an exception. This article offers an analysis of the two basic doctrinal approaches to the determination of the law applicable to incidental questions (application of either lex fori or lex causae conflict rules) and of the rather innovative solution, that the Czech legislator has stipulated in the provision of Sec. 22 of the Act on Private International Law.