Suchergebnisse

Pursuant to the First World War, Romania's territory increased, and thus it inherited a complex social, economic, and legal environment different from that of the predecessor states. The Romanian state's response to these challenges is to be found in the political goal of building a homogeneous nation-state. This political agenda has had an impact on all areas of law, not only on legislation but also on the application of the law. The use of essentially ethnically neutral legal instruments of criminal law for state policy purposes can also be seen as an element of exclusionary nationality policy. The Romanian state's actions have thus not only failed to resolve existing internal tensions but have also made the relations between the majority and minorities, as well as the possibility of consolidation impossible for the past century.

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.

The study undertakes to clarify some basic issues that have been erroneously recorded in the public consciousness, to make a kind of confrontation in order to take the initial steps of improving the Romanian−Hungarian relationship. In order to achieve the above goal and basic thesis, it is a primary task to illuminate and banish the mistakes and myths recorded in the public consciousness from both sides. In this context, it is revealed that neither the topos of the "millennial Hungarian oppression" simplified to the extreme nor the thesis of the "slow − anti-Hungarian − Romanian national occupation" can be held. In the interest of constructive dialogue, it is worth returning to the position that prevailed in the Hungarian reform era, and even at the time of the unification of the Romanian states, according to which the interdependence and commonality of destiny of the two peoples is a real and common path. To this end, the study uses legal history to present the original meaning of nationalism, the majority and minority arguments made during the drafting of the Hungarian Nationality Act of 1868, the models that can be interpreted in the majority−minority relationship, and the relationship of the two states to these models then and in the present day. In this context, the constitutional conceptions of Hungary and Romania are analysed in connection with the minority issue with the intention to prove the legitimacy of the needs of the Hungarian minority. The basic premise of the study in this area is that if a minority demand was legitimate from the Hungarian side within the Hungarian state, then the argumentum a simile from the Hungarian side is necessarily legitimate within the Romanian state.

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.

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.