Suchergebnisse

In dem ersten Teil wird die Entstehung des Begriffs von materielle Rechtswidrigkeit als Gegenbegriff von formaler Rechtswidrigkeit dargestellt und der Eifluss des Buches "Der Zweck im Recht" von Rudolf von Jhering wird darin aufgehoben. Im zweiten Teil wird die Veränderung des Begriffs "Rechtsgut" in den letzten Jahrzehnten in der deutschen strafrechtlichen Literatur analysiert, durch welche Veränderung wird der Rechtsgut als verfassungsrechtliche Schranke vor der Gesetzgebung wiedergeboren. Die Studie kritisiert diese Veränderung als Gefahr für die demokratische politische Willensbildung.

The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.

The Act XXX of 1868 regulated the public law situation of Croats and Hungarians in a uniquely subdualist way within the Monarchy, and the status quo provided an appropriate basis and guarantees for further development. Another significant step in the settlement of ethnic relations within the Monarchy was Act XLIV of 1868, a law that had an organic relationship with the Compromise Act. Both the Compromise Act and the Nationality Act were defined by the public law conception represented by Ferenc Deák, the essence of which is to focus on the terminology of the unified "political nation" for the Hungarian side, and the position and rights of other national minorities were regulated in relation to it. In Deák's understanding, the concept of the political nation was linked to the idea of the nation-state, which, as a result of domestic political changes after 1875, became increasingly nationalist and upset relations with individual nationalities, including Croats. In the long run, this process led to mutual misunderstandings between the peoples within the Habsburg Monarchy and to an explosion of ethnic and political relations as a result of several unfortunate political factors.

The author of the following study presents the institution of surety as it is regulated in Romanian civil law. The notion of surety (in the sense of the person offering the guarantee) is presented, as well as the legal nature of the surety contract, and its defining characteristic of an accessory guarantee as well as the conclusion of the contract and the formal and material requirements for its validity. In the following, the author presents the various types of surety regulated in Romanian civil law. Regarding the effects of the surety contract the study presents the legal consequences specifically regulated in Romania, which arise when the debtor fails to respect his obligations. In the final part of the study, the reasons for the cessation of the effects of the surety contract, are presented, with special emphasis on the death of the surety (natural person), which, contrary to the apparent meaning of the legal text, does not result in the cancellation of any debt owed by the deceased surety in virtue of the surety contract. This debt shall remain due as part of the surety's estate.

The study presents in brief the life of Imre Mikó, lawyer, author of several significant works of legal literature in the field of minority rights in inter-war Transylvania, who was also, briefly, a member of the Hungarian Parliament. The life and activity of Imre Mikó may be divided into two major periods. Before the Second World War, as a student of law and theology, and later as a minority rights advocate he distinguished himself with a wide array of interests, both in the field of law and politics. He was appointed to the minority protection service of the Hungarian Community in this period. His activity was interrupted by the advent of World War Two. During the war, he fell into captivity, and, after his release from the Soviet Union, he attempted to resume his political and advocacy carrier only to be side-lined, spending almost two decades in the menial occupation of bookshop clerk. His belated and partial rehabilitation following his appointment as chief curator of the Unitarian Church is described in the study. The study also makes mention of the newly discovered information regarding the fact that Imre Mikó, under significant duress, collaborated with the Securitate, while at the same time he was himself under surveillance.

One of the key elements of Hungarian public thinking is the question of nationalities and its historical aspects. For well-known historical facts, the questions and answers of national minorities still have constitutional significance. The examination of the Act XLIV of 1868 on the Equality of Nationalities, including its antecedents, has not only importance from the point of view of legal history, but it is also essential for the cultivation of the current constitutional law, and, consequently, also strongly contributes to the understanding of today's legal institutions. The essay describes the process of drafting this legislation.

Zwei gegensätzliche Rechtsauffassungen - der Rechtsmoralismus und die wirtschaftliche Rechtsauffassung von Richard Posner - werden dargestellt und die Folgen der einzelnen Rechtsauffassungen für die Strafrechtsdogmatik werden analysiert.

As a starting point, the study underlines that one cannot speak about a homogenous Slovak nation and politics in the middle of the 19th century; therefore, it gives an overview of the plebeian-middle-class movement, of its system of values, programme, and documents in 1848—1849, 1861, and in the period of the Compromise negotiations. Afterwards, it presents the nobility of Upper Hungary, with a Slovak mother tongue and ethnic feeling, who, according to its identity in the framework of the states, has belonged to the feudal Natio Hungarica. As the narrower focus of the study, the author takes the Slovak perspective and summarizes the ethnic dimensions of the activity of parliaments in 1861 and from 1865 on. The Slovak national movement could not send its own deputy, the interests of the Slavs of northern Hungary thus being represented by Adolf Dobriansky, born as a Ruthenian; however, the Nationalities Law, Art. 1868: XLIV. could be codified rather due to the mentioned Slovak-speaking nobility, standing behind the party of Ferenc Deák. Finally, we are provided a picture of the rival programmes of different newspapers that divided the Slovak public opinion, and in connection with the law we can read about their first reactions and experiences.

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?

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.

Die geschichtliche Formierung der Kategorien der Privatrechtsdogmatik wird dargestellt (in erster Linie im deutschen Rechtskreis).

The aim of the study and the related presentation was to analyze the rules of the Hungarian and Polish administrative procedures in relation to the client status of (minority) NGOs, especially those belonging to the Polish nationality, in order to draw conclusions and make recommendations in the administrative proceedings to develop and promote the participation of non-governmental organizations. The presence of these organizations, especially in cases where there is a conflict of interest and / or the presence of a large number of clients, can make a major contribution to increasing the transparency of the regulatory process, achieving the actual objectives of the regulatory process and exercising adequate social control. A comparison of the experiences of Hungary and Poland is made possible by the accession to the supranational legal order of the European Union, which started at a similar time, and by the harmonization processes and similar legal and social conditions. The research related to the lecture was supported by the Wacław Felczak Foundation, with a scholarship called "Jagello".

The public administration, in particular to the administrative procedure follows a firm objective: to create of the customer friendly approach. Also, there is more and more emphasis recently on improving the efficiency and speed of the procedure. These are the two most important keywords of the decision planning and documentation. The aim of the research in this scientific paper is to detect and analyse the decision-making methods, concurrently being ready to incorporate them into the national administrative procedure systems. These methods are to provide lawful and effectively applicable alternative dispute settlement methods ready to use in Hungarian legal system and also to assist - apart form the aim to reach the basic aims of the administrative procedure - to create a fundament of the decisions made by the authority, having regard to circumstances in real life cases, viewpoint of customers and other parties, and the balance of the public interest. The scope of the paper also covers the theoretical and practical aspects of general mediation and mediation in administrative procedure, in view with the appearance of the topic within the renewing and current administrative procedural law regime. While examining the mediation in administrative procedure in a novel point of view, this work also analyses the role of this special type of mediation in terms of efficiency and charactesistics of the current and future legal solutions in administartive cases often involving parties with adverse interests. Conclusions and proposions in the paper may provide contribution to the spreading and correct treatment of alternative decision making methods in the administrative procedure. The publication of this scientific paper supported by the ÚNKP-16-1 New National Excellence Program of the Ministry of Human Capacities (Hungary).