Suchergebnisse

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.

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.

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.

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 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?