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Atipikus szerződések Magyarországon és Szerbiában
1-16Megtekintések száma:80The 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. -
A software-rel kapcsolatos alapvető szabályok nemzetközi aspektusból – különös tekintettel a német jogi megoldásokra
Megtekintések száma:76Competion 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.