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  • A cselekvőképességet korlátozó gondnokság
    Megtekintések száma:
    94

    Absztrakt nélkül.

  • Személyes adatok védelme az interneten
    Megtekintések száma:
    94

    Absztrakt nélkül.

  • Nótári Tamás - A magyar szerzői jog fejlődése
    45-48
    Megtekintések száma:
    208

    Absztrakt nélkül

  • A fellebbezés elintézése a harmadfokú büntetőeljárásban
    120-137
    Megtekintések száma:
    220

    The questions of remedy are in close relations with the legal force. The legal force of the
    clinching decisions represents the final, irreversible decision about the demand of penal law,
    which decision is a guideline and undeniably binding for all, and cannot be attacked with an
    ordinary appeal.
    The legal force of other decisions with the capacity to have legal force defines a decision
    which is final, irreversible, a guideline for all, obligatory (independent of executability) and
    cannot be attacked with an appeal.
    Furthermore, there are the decisions with formal legal force, the legal force of which stands
    only for not being appealable.
    A valid decision can only be made about the factual and legal basis of criminal responsibility
    by the court that is entitled and obligated to do it, that is, only the court has a right during
    criminal procedure to decide whether there was a crime or not, and if yes, who committed it.
    In relation to this, the question of material legal force can only regard the constituted charge
    and the act in consideration, when the court makes a permanent decision about the demand of
    penal law, in the framework of the substantive judging of the act that became the object of
    prosecution.
    Lodging an appeal on legal grounds shall be governed by the provisions set forth in Chapter
    XV of the Criminal procedure Act. The judgement of the court of second instance may be
    appealed at the court of appeal. The appeal against the judgement of the court of second
    instance may involve any of the dispositions therein or exclusively the justification thereof.
    An appeal may be lodged for legal or factual reasons. An appeal suspends the part of the judgement to become final which is to be reviewed by the court of appeal owing to the appeal.
    The third remedy is allowed only in cases where the first and second instance decision is
    absolutely different in the question of guilty.

  • Az új Btk. időbeli hatálya az egyes általános részi rendelkezések tükrében
    63-72
    Megtekintések száma:
    161

    Act of 2012 on the Criminal Code came into force on the 1st of July 2013 after a long codification period.  A new Criminal Code always leads to problems in application of law, therefore, it is quite actual to make an examination on new provisions. Some classic provisions of the General Part remained the same, although the penalty system and some other regulations have been renewed. The temporal scope of the new code will possibly be in focus for years.

    The aim of this research is to take an examination on the case law and judicial decisions of Hungarian courts related to temporal scope of the new Criminal Code that is a significant part of this paper. The new Hungarian Criminal Code has been required to be prepared more severe than the former code. The other aim of this research is to revise the new provisions of the General Part resulting in statements about whether these new rules are more severe or more lenient than the Act IV of 1978.For this purpose a close legal interpretation shall be taken into account.

  • Megállapítási és marasztalási perek összehasonlítása, megállapítási keresetek speciális feltételei
    Megtekintések száma:
    208

    For the first, I think that it is necessary to make clear what action is.

    The action the application to the proposal of which the half interested in the debate is entitled and the court passes judgement on it. Bringing an action to the court is the prerequisite of the setting in motion of the civil action procedure.

    The plaintiff asks it for the restoration of his violated subjective right practically in the action of detaining to oblige the defendant. The object of the action of detaining the claim originating from the violated subjective right, the controversial material legal contractual relationship, his content though the plaintiff’s application, that let the court oblige it defendant onto a particular activity, abstaining from it.

    Basic rule: action of detaining expired in case of claims only enforceable. The action of assessment in so much action of detaining, that it positively aims at the court establishing it for the plaintiff’s right and the existence of the defendant’s asking to stay being mentioned.

    It being possible to initiate action of assessments has two conditions conjunctive: the legal defence for the claim of his necessity and the impossibility of the vindication. The content and the consequences of the action of assessment considering too narrower than the action of detaining.

    The plaintiff’s aim in the action of assessment, that the court clears up whether one of the contractual relationships exist with a judgement or not, it does not claim him accomplishing a defendant’s active behaviour beyond this. The deficiency of the execution follows from this, the giving onto an end which can be grown in the part of a judgement saying detaining in the legal charge only.

    Verifiable, that the action of assessment independent legal defence device quality actions. Categorically cannot be declared, if action of detaining possible, assessment one is not eligible. The clarification of the situation and correcting him wait for the legislator however.

  • Adatvédelem az üzleti információmenedzsmentben
    Megtekintések száma:
    92

    Absztrakt nélkül.

  • A hamis beismerő vallomást eredményező befolyásolás a büntetőeljárásban
    Megtekintések száma:
    303

    Often justice would be less miscarry, if all who were about to weigh evidence had more conscious of the treachery of human memory.

    The memory ideas of a person are objective reproductions of earlier experience or are mixed up with associations and suggestions. The possibility exists that police might obtain a confession from an innocent person in a crime he had never committed. It is even possible that false confession might lead to a false conviction.

    The power of suggestion devastates memory, and this remains entirely within the limits of the normal healthy individuality. If interviewing techniques were to be assessed in terms of the police claim that they are geared to an objective reach for the truth, then they would emerge as thoroughly deficient. The progress of psychological science can not be further ignored.

  • Hivatalrendszer az Oszmán Birodalom magyarországi peremvidékén
    69-74
    Megtekintések száma:
    138

    My essay is on the development of autonomy of the country-towns and the changes of their relationship with the Hungarian county, the land lords, and the Turks. My research is based on the analysis of original account books of Debrecen and Nagykőrös. The situation of these towns was special in the 17th century, among other things, because of their geographical location. Debrecen situated at the border of the three big powers and Nagykőrös placed inside of the Turkish Empire. Later the country-town leaders were able to pay the cost of autonomy. The county administration system disappeared in the Turkish territory, but the functions of it were continued. For example the assembly of Pest county was hold in Fülek which was outside of the county. The administrative bodies of the counties worked according to the old Hungarian regulations. Turkish ruling was considered temporary. It was hard to keep contact between the county and the towns. It was one of the reasons of establishing municipal self government. These towns regularly paid tax to the Hungarian land lords and a higher amount to the Turks. The land lords who escaped from the Turkish territory were still in power. The towns paid the tax to the lords in a lump sum. The lords didn’t exercise their power. The town leaders recognized this situation and reached economical and later political autonomy that was very expensive. After the end of Turkish ruling the counties (re)expanded but the local self governing system was maintained.

  • Tisztességtelen kereskedelmi gyakorlatok – végrehajtás és gyakorlat az Európai Unióban
    43-58
    Megtekintések száma:
    157

    The first aim of this paper is to show the rules of the 2005/29/EC Directive on unfair commercial practices (hereafter: UCPD) on enforcement and the rules of the Member States of the EU on enforcement. The second aim is to show some cases on unfair commercial practices (from the European Court of Justice (hereafter: ECJ) and from national organizations too). This time „enforcement” means only „practice”, so this paper won’t deal with control or supervisory activity.
    At the first point there are the rules on enforcement from the UCPD and some rules of some Member States. At the second point there are the decisions of the ECJ. First, there are the decisions in connection with the implementation and the harmonization. Second, there are the decisions in connection with the rules of the UCPD and advertising. At the third point there are the decisions of the national organizations in connection with the UCPD. At the fourth point there are the decisions of the national organizations in connection with advertising.

  • Az online személyiségi jogsértések a bírói gyakorlatban
    121-131
    Megtekintések száma:
    334

    This essay examines the judicial practice of infringements of personality rights in the online media. The purpose is to evaluate the effectiveness of the protection of legal regulation.

    The new media law that came into force in 2011 does not include specific measure for online media products, so it is up to the judicial practice to find a solution to tackle the problems brought forth by the differences of online and print press.

    Being a legal area where the legal development activity of the judicial practice plays a significant role due to the broad framework of regulation, the joint interpretation of legislation and the practice is necessary to evaluate. Thus the evaluation of the effectiveness of the protection of personality rights is only possible with the joint examination of legal environment and judicial practice.

    The starting point is the observation of the characteristics of online media and the comparison with print media through elements that can be relevant in a lawsuit.

    The investigation of the judicial practice focuses on the infringement of personality law and the process of press correction, considering that these are the most frequently occurring legal actions in lawsuits.

  • A kisajátítás helye új magánjogi kódexünkben
    Megtekintések száma:
    286

    The expropriation is a neglected legal institution in the Hungarian law, especially in the civil law. Although the expropriation usually appears in the civil law codes of the European states, it is ambiguous of the aspect of the civil law. However, it cannot be ignored that the civil law aspects of the expropriation are very important.In the civil law literature the expropriation is discussed either as the original way of acquisition of property or as the limit of the public property relations.My lecture is about the theoretical problems of the expropriation in the system of civil law. This article will provide an overview of doctrinal opinions about expropriation law in the delayed codification and in the new Hungarian civil law codex.

  • Az információs társadalom hatása a szerzői jogra
    Megtekintések száma:
    138

    Absztrakt nékül.

  • Néhány gondolat a szoftverek szabadalmazhatóságáról
    Megtekintések száma:
    174

    I’m presenting in my study the Hungarian software’s legal system. The Hungarian law system is protecting the software in the copyright law, like a literary property. This resolution given more latitude for the author, but it has many problems of the evidence, because not registred the property – like the patent – cause the author’s being can prove difficultly.

    In the patent law has not problem with the evidence thanks for the state register, but the legal process longer and costly more money. Primarily the Hungarian patent law is protecting the industrial, technical property. The software not an exclusively industrial, technical produce, there is closer the literary property about the author’s intellectual work.

    The protection of the Hungarian copyright is cheaper and faster than the protection in the area of patent law, and it covers more contract liberty for the partners. The Hungarian civil law is based upon the monist conception in the field of intellectual property. This means that pecuniary and personality rights are indivisible. In spite of this competition on the market prefers contracts that ensure exclusive, unambiguous rights. This area of law claims contracts suit to these conditions.

    The personal rights in the Hungarian copyright are remaining for the author, also the pecuniary rights. But - thanks for the successful software’s lobby - in this question the regulation diverged: the pecuniary rights may be transferring for the users, costumers. This regulation is better (cheaper, an easier) for the buyers under the Hungarian regulations of patent law.

    In Hungary a lot of software contract was established under the British legal system. The Hungarian legal culture accepted and using these contract forms. The Hungarian regulation concerning to the software questions is dualist like the British one. The pecuniary rights can be transferred free, just the personality rights belong to the author.

    The users can buy the rights need for using and it gives enough defense as a shield. The author’s interests are not sweating because of the personality rights stay under his domain.

    In my opinion the question is whether the Hungarian legal defense equally serves the author’s and the users’ interests. The process in patent law is longer, needs more money for supporting the protection and there are some conceptual problems between the software and the patent ideas. The new regulation is not reasonable.