The legal institution of loan agreement is undoubtedly an important part of commercial and social life. Extensive use of the legal institution generates facts whose regulation is not always satisfactory. This is also the case with regard to the possibility of early termination of the loan agreement. Although the Civil Code and the Code of Civil Procedure contain provisions for this possibility, they are not enforceable in all cases. The analysis of the relevant regulation and its substantiation with a legal case can be read below.
The principle of favor defensionis (principle of protection) nowadays basically expresses that the Criminal Procedural Act seeks to eliminate and somewhat compensate for the disadvantage of the accused by certain detailed provisions. In dubious cases, the law is interpreted in favour of the accused in the spirit of the principle, even against the equality of arms principle. By this principle, Finkey meant cases where the rules of procedure allow for multiple interpretations, in which case they must be interpreted in favour of the accused. The principle also often appears in today's law enforcement.
The study examines the role of medical records (visum repertum) in three criminal proceedings initiated for infanticides in Békés County. The expert opinions were written in accordance with the provisions of decrees and with the regulations of the medical profession. The prosecution and the defence based their arguments on the expert opinions, and the court accepted, in every instance, the forensic medical expert's position. In one case, the body of the infant was not found, wherefore the woman was convicted for adultery, on the basis of the medical examination proving childbirth (1823). In the second case, a preterm birth occurred, so the widow was punished for concealing her pregnancy (1847). In the third case, only the infant's fatal bleeding could be proven, but the intent to cause injury could not; consequently, the girl was found guilty in wrongful death caused by negligence (1834).
The legal relationship between the joint-stock company and its (chief) executive officer is based on the rules applicable to the contract of mandate, according to the Romanian Act on Companies. For this reason, the rules set forth in the case of contracts of mandate by the Romanian Civil Code (RCC) must be used with regard to the creation, the contents, and the cessation of the authority of the chief executive. Among its provisions pertinent to the cessation of this contract, inter alia, the RCC refers explicitly to the possibility that it may cease not only when the reasons provided for in the norms specifically regulating the contract of mandate subsist but also in the generally provided cases when the effects of contracts (as instruments) cease to exist. Such a general case is, e.g., the expiry of the duration of the contract. Regarding the authority of the executive officer, however, courts have interpreted the effects of the expiry of the duration of the contract divergently, wherefore the High Court of Cassation and Justice has set a unitary direction for interpretation by way of a decision for the unification of jurisprudence. The statements and conclusions contained in this decision are, in my view, subject to debate. In the following study, I provide a critical analysis of the statements and conclusions contained in the decision for the unification of jurisprudence based on the statutory provisions of the law currently in force.
The field of investigation of penology, the concept of criminal penalty as well as its general and specific goals and content have not changed despite drafting and formulating more and more types of criminal penalties in the penal/criminal codes over the past several decades. Regardless of the aforementioned, penology these days must have specific responses to situations – whether it is justified to extend the sphere of criminal penalties to penalties in case of which the goal of imposing penalty can be achieved in other ways, or whether it is necessary to apply the traditional penal measures to facts or perpetrators, in case of whom applying other measures can be more efficient in order to achieve either the protection of society or general prevention. This study is aimed at finding answers to these questions.
Domestic and international research reveal the following fact: sometimes there are false identity parades behind justizmord cases. So, there is a crucial meaning of the legally and criminalistically correct implementation of the proofing act. In the light of this, the study examines its types, delimitation from confrontation, criteria, and tactical requirements.
This paper has been inspired by the overview of the work of Ferenc Finkey as a crown prosecutor. It concentrates on certain procedural stages of the Hungarian Code on Criminal Procedure (Act XC of 2017) and demonstrates how this new act brings changes to the decision-making powers of the prosecutor's office compared to the previous act and also how the prosecutor's office serves as an important authority influencing the outcome of the case during the whole criminal process.
The case of Simek Kitty garnered a lot of interest in the media between 2002 and 2005. The fourteen-year-old girl, who endured her stepfather's physical, verbal, and sexual abuse for ten years, one day shot the aggressive man with his own weapon. Although the court sentenced the young girl for her deed, the President of the Republic gave her amnesty, so she did not have to go to jail after all. However, her life turned even worse after the incident. In my study, I examine why the events turned out the way they did and how the tragedy could have been avoided.
The author of the following study presents the institution of unauthorized agency in Romanian civil law. The conditions and possible cases unauthorized agency are presented, as well as the facts which, although similar, cannot be considered as unauthorized agency. The author analyzes the legal nature of the contract concluded by the unauthorized agent, the legal consequences of the ratification by the principal and discusses in detail the unauthorized agent's liability to both the principal and the third party. Finally, the study examines the conditions and consequences of the apparent authority, with special regard to the protection of the interests of the parties involved.
Due to technological developments in recent years and decades, an increasing number of e-mails and other electronic messages have appeared among the means of evidence submitted during labour lawsuit proceedings, which in the vast majority of cases are accepted and evaluated by the courts without question. However, most people (including the judges) are unlikely to be aware that there is a high chance that these documents are in themselves constituting infringing evidence from both a procedural and a data protection point of view. The study seeks to answer the question of whether, nevertheles there is a way to legally take these documents into account in litigation.
The present case study points to the arguments of those lawsuits that lasted for years, which resulted multilingual town nameplates on the city limits of Cluj-Napoca, after decades of omissions. In addition to describing the related rules of both domestic and international law, the study not only explores the legal arguments developed on the basis of them but also points out the controversial points of the regulation and the omissions of the Cluj-Napoca municipality. It also presents the activities of civic initiatives and organizations that, in addition to legal conditions and mere statistics, demonstrate a real societal need for multicultural cooperation and peaceful coexistence.
Artificial intelligence is perhaps the technological innovation of our time with the strongest impact on society. Due to its capabilities, it is suitable for participating in many decisions during the employment relationship and even for automating certain processes. In my study, I examine the legal context in which the use of these tools, which involves extensive data management, can be properly implemented. I examine the prohibition of automatic decision-making and profiling in the GDPR as well as the exceptions to this, narrowing it down to cases that can also be applied in the employment relationship. Finally, I present the unintended consequences of using this technology as well as the potential issues to be aware of.
The fundamental value of labour law at all times is that it provides security in the economic sense and thus creates predictability: on the one hand, with rules protecting the worker and, on the other hand, by building a social network on the part of the state in case the worker is unable to work. In addition, it is crucial that labour law regulations can properly adapt to the economic and social changes of the 21st century, to the emergence of new trends. The development of robotics and artificial intelligence will undoubtedly have an impact on the dynamic and static elements of the work environment, the labour market, and the labour relationship, thus generating new challenges.
The status of children, and their role have both undergone significant changesall over the world in the past half century. The rights and vulnerabilities of the child are now the subject of increased attention in all fields, including in the framework of the judicial process. Today, the notion of child-friendly justice is not unknown in Hungary although it is yet to be decided if the proper term is child-friendly or child-centred. The means of ensuring that the rights of the child are respected are common to all procedures; however, the traumas and adverse experiences they may have found themselves subjected to are widely diverse in civil cases (usually the establishment of parental supervision), criminal cases (usually crimes where the victim is a child), and in procedures specific to the tutelage authority; so, the question deserves examination in view of such specificities. The adoption of the New York Convention was a significant milestone in the domain of the rights of the child; however, laying down the theoretical foundations was only relatively slowly followed by a dynamic of development in practice, and that took place with a wide degree of variability in different fields. In Europe — as in Hungary —, the participation of the child during the procedure meant the same as a hearing when the child is addressed questions. Today we know that Laura Lundy was right when in several of her studies she drew attention to the fact that true participation is more than simply asking the child questions. In my research, I set myself the task to create a type of catalogue for the procedural rights of the child and to answer the question: what more can we do that has not yet been done in order to avoid transforming participation in a procedure into a burden, or even worse, a trauma for the child, but instead making it the reflection of a plenitude of rights, a defining but not uncomfortable experience?
In my article, I examine some of legal opinions of Ferenc Finkey's with regard to substantive criminal law, from the perspective of today's criminal lawyer. I present the concept of criminal offence in Finkey's works, dealing with the issues of unlawfulness and guilt, also pointing to aspects not discussed in the previous literature. In the case of the act of trying to kill a dead person, my opinion is that it is more proper to establish criminal liablity for an unsuitable attempt of homicide instead of excluding liability. Regarding to the continued offence, I accept the the young Finkey's position, while with regard to the concurrence by one act, I do not agree with Finkey at all. My conclusion is that Ferenc Finkey's books and articles would be welcome for today's criminal lawyers to get acquainted with them as well.
