Évf. 13 szám 1-2 (2016)

Megjelent July 31, 2016

issue.tableOfContents66230e997064e

Tanulmányok

  • Horpadások a karosszérián – felelős társaságirányítási kérdések az elmúlt időszak autóipari botrányainak tükrében
    3-14
    Megtekintések száma:
    52

    The aim of the article is to examine the key corporate governance issues in light of the recent scandals in the automotive industry. The article explores the underlying reasons which culminated in the events of the General Motors ignition switch scandal, and Volkswagen's "Dieselgate". While these two events may seem unrelated at the first glance, however, the facts show that similar problems led to these scandals, most of which were deeply rooted in the corporate culture. Factors, such as the lack of clear and honest communication and the willingness to bend the rules show that the principles of corporate governance were not put in practice within these corporations. The author believes that by taking corporate governance seriously the scandals could have been entirely preventable.

    87
  • A zálogjog és a hitelbiztosítéki nyilvántartás
    15-26
    Megtekintések száma:
    123

    Analyzing th esystem of mortgage we must reach back to the Roman Law. At that era it had been possible to pledge liabilities, rights and moreover aggregated asset, property. Mortgage is a long term institute of Hungarian Private Law as well. Paragraphs 251 – 269 of Act IV of 1959 on the Civil Code of the Republic of Hungary regulates mortgage in the Law of Obligations, placed among collaterals. In the last two decades the old Civil Code of the Republic of Hungary has been modified twice. Act V of 2013on the Civil Code of the Republic of Hungary weakens but definitely rewritten the principles of lending. Regulation of mortgage and the system of chattel mortgage registry has significantly changed. Several novelty has been introduced therefore the system of chattel mortgage registry was reformed too. Detailed regulations of credit guarantee registry in Act CCXXI of 2013 and Act 18/2014. (III. 13.) KIM has also been accepted correspondingly to the previous changes.

    381
  • Az igazságügyi szakértői tevékenység az állami szerepvállalás tükrében
    27-41
    Megtekintések száma:
    106

    This is an essay about the connection between the judicial experts and the public sector. The expert opinion has a special role in the system of the envindeces in the criminal procedure. The expert opinion as a kind of evidence has a short history in the criminal procedure, because this evidence is the product of the new age. The second difference from the other evidences that the judicial expert needs a special quality, and because of this cause the law rules controls who has premitted to become expert and make expert opinion. The Criminal Procedure Act controls when should and when must delegate a judicial expert the criminal procedure. Consequently the state has a main role in connection with the activity of the experts by the law rules.

    In the first part I show the short history of the appearance of the expert opinion in the criminal procedure.

    In the second part I show the main law rules in connection with the judicial experts, and I write about the expert chambers, the list of experts, and the professional institutes and corporations.

    The third part is about the fees and taxes in connection with the judicial experts. In this part I show the problems about who have to pay the fees in the end of the criminal procedure. The acitvity of the judicial expert is always expensive, so the expeneses can grow quickly. If the accused is acquited the expense will stay in encumbrance of the state, and if the accused is convicted, the accused will have to pay the expenses. So this expenses are enourmous encumbrances for everyone. This problem has waited solution yet. Reduction of  costs or hunting out  justice ?  Sometimes very hard to decide, which one is the better. The judicial experts also work in the private sector. The competition of the judicial experts is big in the private sector, and this phenomenon is influences the private prices.

    The end of the essay is a summary which contains my main conclusions.

    209
  • A leggyakoribb tulajdon elleni szabálysértések gyakorlati problémái, különös tekintettel a lopásra és csalásra
    42-53
    Megtekintések száma:
    65

    In this study, based on the procedure of the Central Summary Offences in Hajdú-Bihar, I will try to present the most common practical problems of summary offence against property (particulary theft and fraud),

    First of all, my article describes the legal background as to why summary offence procedure is called „petty criminal law” in Hungary, and as a result what legal basis are being used for criminal concepts.

    In the second part of the study I will present some resolution to the most common and the most important legal imperfections and problems.

    Last but not least I will make an attempt to disclose the most common issues, which might occur in the so-called „quick procedure”, the „bring to court”.

    In summary I hope, my study can be of useful assistance to the summary offence procedure and can elevate standard/level of the procedure.

    219
  • Ügynökök és bennfentesek – A bennfentes kereskedelem és az ügynök–költség összefüggései
    54-64
    Megtekintések száma:
    158

    This paper examines insider trading regulation regulations from the viewpoint of agency costs. An overview is given regarding the different definitions of insider trading in jurisprudence which helps establishing the essence of this behaviour. The author also aims to give an insight to the agency problem and agency costs which arise in a business organisation with separate ownership and management. Only through that can be the effects of insider trading demonstrated on agency costs. The article aims to give a balanced overview by enumerating reasons whether insider trading increases or decreases agency costs. If it raises agency costs then prohibition is justified. If it decreases agency costs, e.g. it serves as a more efficient compensation mechanism, then allowing insider trading might be more beneficial.

    75
  • A pszichiátriai betegek gyógykezelése elrendelésének és bírósági felülvizsgálatának elméleti és gyakorlati kérdései
    65-80
    Megtekintések száma:
    93

    We can see that the practice of the judicial inspection is not always in accordance with the legislation.

    The decisions made during the judicial inspection should be written down and delivered as soon as possible. The patient, the head of the institute and the designated medical doctor must be heard smoothly in all cases. All these questions form essential elements of the legal institution of judicial inspection, and, unfortunately, they are still waiting for legal clarification.

    270

Hallgatói tanulmányok

  • A zsarnokölésről, avagy jogszerű-e a zsarnok elpusztítása?
    81-87
    Megtekintések száma:
    111

    The aim of the essay is to analyse a special moment, namely the moment of the end of a tyranny. An outstanding problem is how to judge the murder of a tyrant, and the occurrences that lead to that, because these acts actually make a chain of crimes, if they’re examined without the context.

    Breach of the peace, mayhem, mutiny, homicide, these are acts, that are against the moral code of humanity. They have been punished by criminal laws throughout history. Therefore it is crucial to examine the circumstances of this very act. These circumstances are actually the key factors to legitimise the aggression of a rebellion. Nevertheless the first thing that someone has to do during the analysis is to find a comprehensive definition that shows who is the person, who possesses the characteristic of an unjust despot.

    130
  • Az új Polgári Perrendtartás osztott tárgyalási rendszere az 1911. évi I. törvénycikk tükrében
    88-96
    Megtekintések száma:
    75

    n my paper, I dealt with the divided trial system, because in the Conception of the New Code of Civil Procedure arised the idea, that the first-instance procedure will be regulated by the divided trial system. During my studies, I researched the trial system of the Act I of 1911, and I analyzed the sentencing practice in this era.

    First, I presented the matter of the trial system, as well as the two dominant trends in Hungary relating to the creation of civil action. The difference between the two trends, that distinct mesne process creates the civil action. According to one of them, the civil action is created when the defendant gets the statement of claim, or, on the other hand, when the defendant submits countermotion.

    In the next chapter, I intended to present the point of intersection of action, which legal institution separates the first-instance procedure to pre-trial hearing and the trial on the merits.

    After this chapter, I reportedtheresults of sentencing practice and cametotwoconclusions. Ontheonehand, thepre-trialhearinghangedfirefor a longtimebecause of theappealproceedings. Ontheotherhand, thesentencing practice wasnotconsistent, becausethecourtsused an incorrectterminology. Thecourtsdismissedtheproceedingsbeforethesubmission ofcountermotion, butaccordingtotheAct of 1911 themesneprocess of creating a civil actionwastosubmit a countermotion.

    Inconclusion, I thinkthe divided trial system of the New Code of Civil Procedure will be totally different than the divided trial system of the Act of 1911.

    160