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• International aspects of basic regulations regarding softwares – with special attention to German legal solutions

  Tekla Papp

  Ádám Auer

  Views:

  202

  Competion in the field of Informational Techonology influences our everyday life; a competion realized in a global playground, not reduced into a national framework. Joining the discussion around optimal software protection, we introduce some foreign software regulations in our essay from different given aspects, and finally we analyse German legal solutions regarding softwares. Observation of foreign regulations related to softwares and their protection is needed because there are still a lot of unanswered questions around software as a legal instrument. Inadequacy of copyright to serve protection of softwares and the need to create sui generis protection come up in the latest researches. Furthermore, the number of inventions supported by IT and the number of software supported technological solutions increase in our days, and that moves this legal instrument into the field of patent jurisdictions and industrial property. Efficient legal protection is both a tool and a goal in the system, since elaboration and support of genuine ideas are priority interests. According to our opinion, it is not only the task but also the obligation of private law – as the law regulating basic rights of natural persons and legal entities in personal and financial context – to set up proper regulation in this system.

• The statics of inheritance contract

  89-113

  Tekla Dr. Papp

  Views:

  78

  The function of alimony obligations is becoming increasingly important these days, especially in light of demographic changes: Europeans are living longer and healthier lives, but their need for care services is also becoming increasingly strong, because of old age brings with it the development of diseases, disabilities, physical weakness and psychological problems, making subsistence services necessary.

  In light of this, it has become relevant and justified to examine alimony obligations that provide long-term care and support, enabling a person-centered, independent and dignified lifestyle: what are their aims and what role do private law contracts on this subject play in our current society.

  This study classifies alimony legal relations, takes into account the characteristics of the inheritance contract, and then analyzes its statics (based on the subjects, direct and indirect objects and content of the contract), also processing the relevant judicial practice.

• Der Timesharing-Vertrag im 21. Jahrhundert

  26-38

  Tekla Papp

  Views:

  134

  Without abstract

• Atypical Contracts in Hungary and Serbia

  1-16

  Tekla Papp

  Attila Dudás

  Views:

  183

  The paper analyzes the notion and types of atypical contracts, primarily in the Hungarian and
  Serbian law, but also in wider, European perspective. The analysis sheds light on the different
  terms used in different legal systems to denominate contracts that do not fit explicitly into the
  range of nominate contracts, that is into the range of contract-types envisaged by the civil
  code or code of obligations, respectively. According to the Hungarian legal literature, all civil
  law contracts are divided into two main groups: nominate and innominate contracts. The
  former group is further divided into the categories of typical and atypical contracts, while the
  latter into the categories of mixed contracts and de facto innominate contracts.
  The authors conclude that there is a tendency in Europe, both in the jurisprudence, the
  legislation and the application of law, to create a unified and coherent law of contracts, which
  affects the range of atypical contracts as well. Most notably, the Draft Common Frame of
  Reference, the normative proposal of the Study Group on a European Civil Code and the
  Research Group on EC Private Law (Acquis Group), contains model rules on franchise, timesharing,
  commercial agency and treatment contracts, just as rules on electronic commerce, on
  the one hand. The legislation of the European Union, on the other, aims at the highest possible
  level of harmonisation of laws which, from the aspect of protection of consumers and
  competition law, affects the range and statutory content of atypical contracts. Finally, the
  paper refers to a series of decisions of the Court of Justice of the European Union that tackle
  certain features of the atypical contracts, whereby the Court in the determination of issues of
  contract law applies a rather functional approach.

• Az előtársaságról – újólag

  Tekla Papp

  Views:

  109

  Without abstract.