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A szerződés semmissége és megtámadhatósága a magyar és a román polgári törvénykönyvekben
In: Erdélyi jogélet, Band 2, Heft 2, S. 103-117
ISSN: 2734-7095
The validity as an essential element of contract is the basis for achieving the economic purpose set out in in it. Without validity there is no legal way to enforce the contractual content. In addition to the identity of the theoretical foundations of the legal institution of validity, significant differences can be observed between Romanian and Hungarian law. Those differences justify the performance of a comparative legal study beside several other specific reasons. The first of the this special reasons is the cross-border economic relations and the Hungarian legal society in Romania, which can play a 'bridge' in this matter. The real need for professional co-operation between members of the same mother tongue lawyers results summaries of the conceptual issues based on comparative legal studies. For theoretical, scientific and practical purposes the study outlines the basic issues of the nullity and avoidance of a contract, the partly different basic positions of the two legal systems, the grounds for annulment and the legal consequences.
A bizonyítási eszközök fejlődése Finkeytől napjainkig
In: Erdélyi jogélet, Band 2, Heft 1, S. 25-34
ISSN: 2734-7095
In my short essay, I tried to present the changes in the criminal procedure law of the last one hundred and fifty years, the means of proof, and, wherever possible, to find a connection, as well as Ferenc Finkey's work, who was born 150 years ago. It can be said about Finkey's work, his textbooks that his conception of material and procedural law marked a new era in Hungarian scientific life. He established a modern system, proclaiming the principles that meet the theoretical and practical requirements of a modern criminal procedure based on individual freedoms, acquiring a state-of-the-art approach with a European perspective. As a result, his views are not let out of the latest scientific life either. His theoretical conception and dogmatic theorems still define legal thinking.
Az amerikai császár: a nagy galíciai kivándorlás
In: Világ-szép-irodalom
Zusammenfassung: Az egykor az Osztrák-Magyar Monarchiához tartozó Galíciába kalauzolta az olvasókat első, magyarul is olvasható helytörténeti kötetében Martin Pollack osztrák író, újságíró. Eredetileg 2010-ben megjelent, és a Lipcsei Könyvvásár díjával is jutalmazott újabb könyve az 1800-as évek vége, 1900-as évek eleje Amerikába irányuló galíciai kivándorlását, annak árnyoldalait mutatja be, sok-sok tanulságos kis történet formájában. Az első, Kivándorlásra csábítva című fejezet még lazábban kapcsolódik Galíciához: itt ugyanis egy szlovákok lakta magyarországi falu kivándorlóiról olvashatunk, akiket a porosz határ előtt nem sokkal fognak el a hatóságok, majd kereket oldanak, s végül sikeresen kijutnak New Yorkba. Az aktájukban azonban sorra gyűlnek az újabb és újabb nyomozati iratok, feltérképezve kivándorlásuk okait, a kivándorlók összetételét, kivándorlásra ösztönzésük hátterét, kiemelve a galíciai hatóságok számára talán legfontosabb momentumot: azt az auschwitzi illetékességű személyt, aki a Hamburg-Amerika Szállítási Részvénytársaság, a Hapag helyi ügynökeként a határon is átszállította a kitelepülőket. A következő történet (Nem kívánatos idegenek) a galíciai zsidó Mendel Beck személyén keresztül egy tipikusnak mondható kivándorló-történetet mutat be, s általánosságban is felvázolja egy migráns útját New Yorkba, majd tovább, de megismerhetjük Albert Ballint, az egyik "kivándorlási ügynökség" vezetőjét is. Mellette olvashatunk sok boldogulást kereső kisemberről (akik általában azt tervezték, hogy csak pár évre mennek ki Amerikába, aztán spórolt pénzükkel hazatérnek), prostitúcióra kényszerített fiatal lányokról, és persze a kivándorlókat mozgató többi nyerészkedőről is, akikre azért időnként lecsapnak a hatóságok (például egy 1888 nyári monstre per keretében)
Finkey Ferenc hatása a kriminálpedagógia fejlődésére
In: Erdélyi jogélet, Band 2, Heft 1, S. 143-154
ISSN: 2734-7095
Ferenc Finkey's scientific achievements and human qualities have made him one of the most prominent personalities in the field of legal sciences and prison affairs. He did not, of course, begin his epoch-making activity in a "vacuum", so we consider it important to present the antecedents, the penological initiatives of the early 19th century, focusing on youth protection and work in prisons, and we describe the social and political reasons that supported or made it difficult for Finkey's ideas to emerge. The fall of the Hungarian Soviet Republic had tragic consequences for criminal pedagogy trying its wings. We have gathered a bouquet of human and professional reasons why Finkey has distanced himself from the spirituality, events, and aspirations of the Hungarian Soviet Republic in every way. Fortunately for criminal pedagogy, Finkey's professional career and scientific aspirations were not broken by the proletarian dictatorship and the subsequent ideological retaliation. Finally, we prove the greatness of Ferenc Finkey's theoretical system in criminal pedagogy by using the ideas formulated in his own work Punishment and Pedagogy, which is considered to be the most important one for the topic of our study.
A kisebbsegi oktatas fejlödesenek szakaszai
In: Regio / Ungarische Ausgabe, Band 5, Heft 3, S. 3-18
World Affairs Online
Rodrigo Duterte "független" külpolitikája – az amerikai-filippínó szövetség geostratégiai kihívásai a 21. században
During the Cold War, the Philippines was an indispensable US ally, and this was still basically the case at the turn of the 21st century. However, the inauguration of President Rodrigo Duterte in June 2016 heralded great changes for the international position of the Philippines: a shift towards China and Russia occurred, followed by the emergence of a more balanced foreign policy. The partnership with the US has changed, too: during the Obama administration, the relationship between the two countries became cooler, although the foundations of the alliance were never contested. In the wake of Donald Trump's assumption of office in January 2017, the alliance seems to have become as strong as before, and economic as well as security-military cooperation has continued. The author's aim is to analyze the Philippines' position in the US-led world order from 1945 to the present, as well as the foundations of the United States–Philippines special relationship. After that the main components of Duterte's "independent" foreign policy and the fundamental changes in the Philippines' foreign relations are presented. The analysis focuses on the causes of the conflict at the end of Barack Obama's presidency, followed by the improving partnership during the Trump era and the main geopolitical challenges the alliance has had to face. According to its conclusion the US–Philippines security cooperation will remain strong under Presidents Duterte and Trump due to strategic considerations, which indicate the military alliance is in the interests of both nations.
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Finkey Ferenc, az első magyar pönológus
In: Erdélyi jogélet, Band 2, Heft 1, S. 125-141
ISSN: 2734-7095
The Trianon Peace Treaty had a profound effect on the social and governmental structure of Hungary. These changes, of course, also influenced the field of corrections and actually altered some of its key aspects as well. The author will recall several key penological concepts and ideas from the era to provide an introduction to the philosophical foundations of the establishment of correctional legislation and the resulting substantive changes that occurred. Moreover, a detailed analysis will be provided on the system of enhanced severity workhouses, an emblematic punitive measure that addressed the unfavourable criminological tendencies of the 1920s, which emerged as consequences to the Trianon Peace Treaty. The essay will conclude with deducing the generalized historical, legal, and moral lessons and conclusions pertaining to this peculiar period of Hungary.
The Role Of Alternative Dispute Resolution in the Administrative Procedure
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).
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Participation of NGOs and Minority NGOs in the Administrative Proceedings in Hungary and Poland
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".
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Sportszervezetek működési kereteinek változása
Sports organizations are entities conventionally based on civil, non-governmental initiatives, and operating in non-profit legal forms. Concurrently with the strengthening business characteristics of sports, for-profit companies started to spread in increasing numbers. Currently, in Hungary sports organizations can be operated in the form of sports associations, business entities and public-benefit foundations for special purposes. The operating frameworks of sports organizations are currently defined in legal regulations. Business entities belong to the scope of the Act on Business Associations and other business-related legislation, whereas sports associations are subject to the Civil Act and the Civil Code. Obviously, the operation of sports organizations is also strongly influenced by the Sports Act. In consequence, it can be ascertained that the operation of sports organizations today is fairly strictly regulated. This publication has been written to describe the regulations relating to the organizations of the sports associations still constituting the majority of sports organizations, from the beginnings until the evolution of today's system.
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Szervezeti megoldások sikeres sportvállalkozások esetében - a német példa = Solutions in the case of successful sports enterprises - the German example
Sports organizations are entities conventionally based on civil, non-governmental initiatives, and – using one of today's fashionable expressions – operating in nonprofit legal forms. Concurrently with the strengthening business characteristics of sports, for-profit companies started to spread in increasing numbers. At the present, in Hungary sports organizations can be operated in the form of sports associations, business entities and public-benefit foundations for special purposes. In view of sport-related services, it can be claimed that they have become integrated and dynamically developing areas of the economy, and as one specific consequence sports enterprises as for-profit business entities have appeared among sports organizations. Sports enterprises are typically active in team sports, especially in the field of spectator sports, while most of their business-like economic activities are associated with competitive sports. Today's Hungarian sports enterprises are in quest of the ways of successful operation both when selecting the legal form of operation and setting up their organizational structures. This article has been written to present and describe successful – in this case German – organizational options.
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Labeling asylum-seekers
This research investigates the interaction between the effects of wording and other elements of framing on public attitudes toward asylum policies. In particular, we focus on the labels of asylum-seekers and the discourse about the recent refugee crisis in Europe. In 2015 and 2016, we conducted two survey-experiments in Hungary where mass migration was the major issue on the political agenda at the time of the surveys. The salience of the issue was manipulated in both studies. Earlier findings have indicated that even words with the same meaning could prompt different interpretations in specific contexts. In contrast, we show that even large effects of wording, even if they are driven by differential meaning, can be suppressed by other elements of framing. The paper with the scientific results of this collection are currently under anonymous review. After the review process, the author of this collection will be revealed.
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A Fiuméra vonatkozó autonómia terjedelme és intézményei az 1868-as magyar-horvát kiegyezést követően (1868-1883)
The regulation of the Compromise between the Hungarian and Croat parties concluded in 1868 aimed to reach back in a large scale to the results of the political-administrative 'status quo' before 1848. Provisions of administrative competence on the central tier of administration, i. e. "corpus separatum" took place pursuant to 'Pragmatica Sanctio' referring also to Fiume as a port enjoying privileges, with the exception of the surroundings of Fiume administratively being annexed to Croatia, following the request of the Sabor of Croatia, Slavonia and Dalmatia. Further provisions would have been necessary for the clear delimitation of tasks and scope of the particular administrative matters. This would have been possible to perform on the legislative branch provided and agreement had been concluded between the regularly appointed parliamentary committees. However, this attempt persisted to fail further on. The intermittent status hence legalized, i. e. the 'provisionary status' was maintained until as late as the end of the First World War (1870–1918). In the first period, until the 1880s, national and political conflicts and default of standing regulation basically determined development in Fiume and the avail to the local capabilities; this is the time when the foundation was laid down for the development escalating during the 1880s.
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