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.

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.

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 legal institution of loan agreement is undoubtedly an important part of commercial and social life. Extensive use of the legal institution generates facts whose regulation is not always satisfactory. This is also the case with regard to the possibility of early termination of the loan agreement. Although the Civil Code and the Code of Civil Procedure contain provisions for this possibility, they are not enforceable in all cases. The analysis of the relevant regulation and its substantiation with a legal case can be read below.

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.

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.