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Theoretical issues of equal treatment in relation to the legal classification of labour law
57-79Views:482There are many national and international academic debates on the classification of labour law. On the one hand, labour law can be categorised as private law when we consider the establishment of employment relationships. The legal basis for an employment relationship is exclusively the employment contract, thus labour law belongs to classical private law. On the other hand, the content of the employment relationship can be determined not only by the employment contract, but also by a number of other rules. These norms typically have public law content and, as so-called public law elements of labour law, seek to limit the contractual freedom of the parties. The existence of public law elements is typically justified by the legislator on the grounds that there is subordination between the parties in the employment relationship, so that the contractual balance of rights, which is characteristic of private law, is shifted in favour of the employer. The presence of elements of public law, and in particular the requirement of equal treatment, is intended to redress this imbalance in employment law by limiting the contractual freedom between the parties. In the present article, we examine in particular whether the presence of public law elements gives labour law a specificity of its own. In addition, focusing on the principle of equal treatment, we examine how the prohibition of discrimination in labour law and classical private law can be interpreted and whether this general behavioural requirement is capable of redressing the balance that has been shifted between the parties. Finally, we ask the rhetorical question: if the requirement of equal treatment is capable of redressing the balance, why is there a need for additional public law elements in labour law?
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Certain private law aspects of the law on the transfer of agricultural holdings
65-97Views:312In this study I will examine the law on the transfer of agricultural holdings, focusing on the provisions that can be related to private law. The aim of the law was to facilitate generational change in the field of agriculture, and I believe that farm transfer contracts can be an effective tool for the transfer of agricultural holdings, but it is not yet known to what extent they will be used and to what extent they will be able to fulfil the hopes placed in them.
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The impact of inflation on private law relationships
45-72Views:601Not for decades have we seen price rises in Hungary, or in Europe and the world in general, such as those faced by the developed world in 2022. Inflation in Hungary was 24.5% in December 2022 and in January 2023, the indicator stood at 25.7%. This article provides a summary of the key concepts related to inflation, going beyond a definitional approach to inflation to cover its types and the most important principles and methods of measuring it. Economic foundations fundamentally determine private legal relations and legal institutions. In such a situation, crisis legislation is triggered, primarily in areas that have the greatest impact on the functioning of the economy and on consumers' daily lives. The present article reviews those important civil law structures and the rules governing them in the Civil Code and other statutory and governmental regulations, the content of which is justified to be amended in a persistent inflationary environment, but which have not been the focus of the legislator so far, emphasizing the need to adapt private law norms to the changed economic environment. The article examines those legal acts in which the legislator has set out in the text of the act data referring to value or price, nominally defining and quantifying in concrete terms the price or value that plays a significant role in a given private legal relationship. This type of legislation, however, does not take into account the changes in value relations at all, so that in an inflationary environment, the price and value figures nominally fixed in the private law norm are not adapted to economic processes, i.e. they are not in line with the current price level determined by economic fundamentals. The author outlines proposals and regulatory techniques for amending the law to adapt these legal provisions to the changed price and value conditions.
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The Place of Family Law in the Legal System: Theoretical Foundations and European Contexts
185-203Views:124Family law is an extremely complex, specialized field of law, largely based on private law but partly interwoven with elements of public law. It is indisputable that family law has its roots in private law, but family relationships are also regulated by numerous other branches of law, some of which belong to public law, or even by instruments that go beyond the scope of law. Based on all this, we may rightly ask ourselves whether family law can be considered a separate branch of law or rather a subfield of civil law with its own specific characteristics.
This study seeks to answer this question by examining domestic and international regulatory models and dogmatic approaches. It can be stated at the outset that Anglo-Saxon countries treat family law as a separate branch of law, while according to continental practice – as is the case in Hungary – family law forms an integral part of private law, and accordingly, family law regulations – due to their private law nature – have been integrated into the text of the Civil Code.
Despite the clear regulations, however, it cannot be ignored that, due to the continuous change and development of family law, it is increasingly losing the coherence created by civil law rules. The transformation of the traditional family model, the redefinition of the concept of family, and the increased importance of constitutional fundamental rights and personal rights are significantly changing the structure of family law and posing serious challenges for legislators and law enforcement agencies.