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Az álképviselet szabályozása a román Polgári törvénykönyvben
In: Erdélyi jogélet, Band 2, Heft 2, S. 119-130
ISSN: 2734-7095
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.
Carta sine litteris – kora középkori okirathasználat és historiográfia
In: Erdélyi jogélet, Band 1, Heft 1, S. 43-58
ISSN: 2734-7095
In the work De Europa by Enea Silvio Piccolomini, book no 20, regarding the history of Carinthia, stands recorded the story of prince Ingo, who, according to the legend, contributed significantly by way of his wit to the spreading of Christianity. This study presents the circumstances in which the Conversio Bagoariorum et Carantanorum, which contains an earlier record of the legend, came into being, and it examines the possible existence in historical reality of prince Ingo and his princely title. In the following, the author analyses the possible meaning and the significance to legal history of the term carta sine litteris (a charter without letters), which appears in other sources of the legend but not in the one recounted by Enea Silvio Piccolomini. Finally, the author presents the literary precursors to the legend of prince Ingo and his role in the Conversio as well as the path the legend took until being recorded by Enea Silvio.
A megbízási szerződés szabályozásának történeti vázlata Romániában
In: Erdélyi jogélet, Band 1, Heft 1, S. 5-22
ISSN: 2734-7095
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.
A kezességi szerződés szabályozása a román Polgári törvénykönyv rendszerében
In: Erdélyi jogélet, Band 1, Heft 1, S. 71-83
ISSN: 2734-7095
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.
A munkajog a digitalizáció világában
In: Erdélyi jogélet, Band 1, Heft 4, S. 157-169
ISSN: 2734-7095
"The study focuses on digitization and home office. The author indicates the circumstances that mean serious challenges to both the legislator and the law enforcer. Owing to the digital revolution, the emergence and spread of the electronic means of communication, we are witnessing significant economic and social changes. New types of legal relationships are emerging, trade is being restructured, and we can perceive a clear shift in the centre of gravity towards the virtual space. The question is how these processes affect the world of work."
A verziók szerepe a Teréz körúti robbantás nyomozása során
In: Erdélyi jogélet, Band 2, Heft 3, S. 93-101
ISSN: 2734-7095
On 24 September 2016, a terrorist act, which had never happened before in Hungary, was committed in Budapest. The perpetrator wanted to kill two police officers on duty in a premeditated bombing. The study presents one element of forensic thinking, the thinking in versions, based on the assassination attempt that came to be known as the Teréz Boulevard bombing. In addition to describing the material facts of the crime and the main investigative measures, the author places the main emphasis on the versions set up during the investigation and shows what roles each version played in the investigation.
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.
A nemzetiségi törvény szlovák szemmel
In: Erdélyi jogélet, Band 1, Heft 2, S. 125-139
ISSN: 2734-7095
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.
Életek az életben: megjegyzések Mikó Imréről (1911–1977)
In: Erdélyi jogélet, Band 1, Heft 1, S. 37-42
ISSN: 2734-7095
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.
A romák elleni sorozatgyilkosság néhány aspektusának kriminológiai elemzése
In: Erdélyi jogélet, Band 2, Heft 3, S. 103-114
ISSN: 2734-7095
"The case known in the public discourse as the Roma murders was a series of attacks on Roma committed with a distinctly anti-Gypsy, racist motive by Árpád Kiss, István Kiss, Zsolt Pető, and István Csontos – the latter having joined them later – between July 2008 and August 2009.
The perpetrators had previously committed a gun robbery in Besenyszög and then carried out firearm and Molotov cocktail attacks on Gypsies in a total of nine settlements across five counties, killing a total of six people. The investigation revealed that several of the offenders were related to the skinhead community in Debrecen, and their motive was retaliation for crimes related to gypsies and incitement of anti-Gypsy sentiments among the population.
They were arrested on 21 August 2009, in a nightclub in Debrecen, where two of the perpetrators worked as bouncers. Their criminal proceedings began on 25 March 2011, and the verdict was pronounced on 6 August 2013. The first-, second-, and third-degree defendants were sentenced to actual life imprisonment, while the fourth-order defendant was sentenced to 13 years in prison, of which he could not be released on parole, so he is expected to be released at the end of August 2022.
The publication presents the events, the process of the investigation, the arrest, and the perpetrators. The author seeks to find motivation for the events and broader social aspects."