Suchergebnisse

On 20 November 2018, the Hungarian Museum Association of Transylvania and Sapientia Hungarian University of Transylvania organized a round table discussion on the legal history of Transylvania. The event took place as part of a series of events on the Hungarian Science Day in Transylvania, at the Sapientia building on Calea Turzii Cluj-Napoca. The participants were Dr Gyula Fábián (minority law), Dr Zsolt Fegyveresi (constitutional history), Dr László Nánási (history of criminal law), Dr Zsolt Kokoly (history of legal education), Dr János Székely (history of civil procedure law), and Dr Emőd Veress (history of civil law). The event was moderated by Előd Pál. The participants presented their research studies related to the legal history of Transylvania and explored the legal and social situations of the past hundred years.

The study analyses the post-socialist codes of private law. It evaluates them in the history of codification, presents their social background and contrasts the monistic and dualistic approach of codification.

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.

"The history of the development of the employment of prisoners has come a very long way, from hard labour to resocialization. Today the rights of prisoners are respected in their work, but these rights are sometimes different from the normal labour rights.
In this study, I review the most relevant difference between the prisoners' labour rights and the ordinary labour rights. Beyond that, I examine if the intentions formulated in 2015 − full employment and self-sustaining prisons in Hungary − have been achieved or not. In my study, I present some criminal statistics of the employment rates in Hungarian prisons."

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 role of duels changed a lot throughout history. Based upon observations, most duels resulted from personal grievances. Duels were present even in the mid-20th century in Hungary. In the 20th century, duels were one of the greatest dilemmas of justice. The public opinion accepted duels, but the legal profession condemned them, mainly because of the possible negative consequences. In my study, I will present most of the legal provisions for duels both in Hungary and in Europe, the ethical Code of duels, and the most important lawyers, opinions on duels. Finally, I will explain the main reasons that had led to the decline of duelling.

Fiume (current official name: Rijeka) became part of Hungary in 1779 as a "corpus separatum". At the time of the so-called provision, after 1870, the legal system of the port city developed in a special way. Although the Hungarian government took over the administration of the city again, this did not mean the automatic reception and application of the entire Hungarian legal system. Some Hungarian laws were not later enacted in Fiume. The article prepared on the basis of the conference lecture in Cluj-Napoca (Sapientia Hungarian University of Transylvania) intends to review the issues of legal interpretation of the applicability of Act XLIV of 1868 on National Equality by using descriptive method, taking into account legal history and legal theory aspects.

"There has been a lot of controversy among the Hungarian jurisprudence regarding the creation of the new Hungarian Criminal Procedure Act. It was also raised whether there was a need for a new code of procedure at all, whether it was not enough to adapt the existing regulations of the old Criminal Procedure Act to the new Criminal Code.
The Criminal Procedure Act, which has been in force since July 1 2018, may seem a distant start compared to Ferenc Finkey's work, but we will see that knowledge of the legal history and the processes involved are essential to understanding the changes in the present.
This is specially true for changes that affect the principles on which criminal proceedings are based. One of the biggest changes in the new Criminal Procedure Code – at the level of the priciples – is undoubtedly the relegation of the principle of official proceedings to the background, as it often turns to opportunism rather than officiality in order to increase simplification and efficiency.
In fact, in his work, Finkey has already perfectly described the mechanisms that we can discover in today's changes. Perhaps it is no exaggeration to say that his work may have provided a basis for fundamental changes in the new Criminal Procedure Code. His theories presented in this study shed excellent light on the dynamics that have permeated all areas of legal history in law and on the processes that, if we recognize them help us understand why it is necessary for our laws to be recreated sometimes.
All in all, we can see that the principles are never of absolute value, but their meaning is constantly changing, as the legislatorial ways breath in the spirit of the current age. When these principles are no longer able to keep up with change, they must be re-formed. And if we are to form such an important principle, we need to enforce a new vision throughout criminal proceedings that makes it necessary not only to make amendments to the Code of Criminal Procedure but also to create a whole new law.
In order to see the real effects of the present innovations and the actual processes it has initiated in our criminal procedural law, a comprehensive analysis of the practice will be needed. We need to examine how quickly law enforcement can respond to the loss of space in centuries-old traditions. It may also be a question of whether we can talk about a real loss of space at all, as it is also conceivable that the principle of officiality has narrowed at the level of the normative text, but the old routine, attitude, and instincts live on in the application of law. The outcome of this examination may also raise important questions, including legal certainty. It is essential that once our procedural law has reached the point where it had to be born again, the application of the law be reborn with it."

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.