Articles

• Joghatóságok áthidalása: A kapcsolattartási jog érvényesítése a Brüsszel IIb rendelet alapján

  5-21

  Barbara Gönczi

  Views:

  45

  A kutatás a gyermekekkel való kapcsolattartás kérdését vizsgálja az új Brüsszel IIb rendelet kontextusában. A rendelet számos fontos újítást vezet be, amelyek megkönnyítik a nemzetközi válások kezelését, és biztosítják, hogy a gyermek jogai és legfőbb érdekei érvényesüljenek. A tanulmány kiemeli különös figyelmet fordít a külföldi ítéletek elismerésére és végrehajtására a nemzeti családjogban. Végezetül bemutatásra kerül egy közelmúltbeli kúriai döntés, amely fontos precedenst jelent a kapcsolattartási jog érvényesítése terén.

   

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  29

• Claims for legal fees not recoverable in probate and enforcement proceedings

  23-47

  Tibor Kiss

  Views:

  50

  In practice, we often encounter cases where the court in charge does not recognise the legal representation provided during the non-litigation proceedings at the stage of the judicial remedy as a service that can be remunerated with attorney's fees and takes the position that the party is obliged to bear the costs incurred in this respect and cannot pass them on to the opposing party. The paper explores these anomalies in the context of the judicial remedies in relation to the notarial probate proceedings and enforcement proceedings by bailiffs as civil non-contentious proceedings, focusing on judicial practice. The author's aim is to explore whether the current approach of the judiciary is in line with the relevant existing legal provisions or whether there is a misinterpretation of the law.

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  42

• Sustainability issues in local public transport

  49-70

  Dóra Dr. Lovas

  Views:

  40

  Looking at the literature, it appears that most of it focuses on the greenhouse gas emissions of transport, i.e. its environmental sustainability. However, little is said about the economic - and even less about the social - sustainability of transport. It is better to look at the broader concept of sustainability in order to take into account the opportunities, problems and sustainable solutions of the transport sector in a complex way.

  For sustainable transport to be achieved, it is important that people use local public transport instead of private cars, but as long as its design and organisation - mostly due to political sensitivity - does not take into account the complex sustainability aspects of journey times, accessibility, safety, affordable prices and the perception of public transport, efforts will not achieve the desired goals.

  The study does not aim to provide a comprehensive view of sustainability, but only to shed light on some aspects of sustainability in the field of public transport through an analysis of national and international literature.

  pdf (Hungarian)

  32

• Cheating at the genetic lottery - the regulation of human germline gene editing in Hungarian criminal law

  71-104

  Miklós Pete

  Views:

  65

  Germline gene editing has undergone a revolutionary development in recent decades: genetic intervention has the potential to bring about drastic changes in human lives, or even in the human race. However, this development has not been matched by legal and, in particular, criminal law: the response of criminal law to the development of genetic engineering is outdated, insufficiently elaborate and the deterrent effect of the penalty is disproportionate to the gravity of the offence. In my thesis I am outlining the development of genetic engineering, its ethical and social risks, the international regulation reflecting these, the domestic regulations and their shortcomings, and - as a synthesis of my experience - I am making a de lege ferenda proposal to remedy the latter in an effort to create the most appropriate criminal law regulation possible. The aim of my proposal is, first and foremost, to regulate germline gene editing through more specific, modernised and, in certain aspects, stricter criminal law provisions, which will protect the individual, society, humanity and the interests of society from the dangers that can be expected from the imminent spread of human germline gene editing.

  pdf (Hungarian)

  40

• The rights and obligations of the researcher related to the inventions of the Higher Educations Institutions from the viewpoint of the Hungarian and German (Berliner and Bavarian Law)

  105-134

  Tamás István Stipkovits

  Views:

  66

  With the emergence of academic capitalism, the social purpose, functions and internal structure of higher education institutions have also changed. The reforms in the USA have led to the change of narrative in many European countries related to the question what kind of role should that higher education institutions play? Between the traditional functions of teaching and research, shall the higher education institutions take part in economic activities mainly through the exploitation of innovation generated within the higher education institution. The rights and obligations of the researcher in the relationship between higher education inventions have particular importance in order to ensure that they are exploited as effectively as possible. The present study aims to describe the rights and obligations of researchers in higher education institutions. After taking into account the specific situation and tasks of higher education institutions, the study will turn to the individual aspects of academic freedom and explain the specific rights and obligations of researchers in the field of patentable inventions produced in the course of their employment, which are different from the general rules. The study attempts to compare Hungarian and German law, thus, with regard to the German federal system, the study takes Berlin and Bavarian law as the reference point for the national legislation. The study draws conclusions as to how domestic law could help to motivate the researcher to transfer knowledge more efficiently, thereby increasing the intensity of results from the academic sphere.

  pdf (Hungarian)

  34

• Dad Is There Only One?The Family Law Safety Net Of The Father Who Wrongly Claims The Child As His Own

  135-151

  Nelli Varga

  Edit Hadházi

  Views:

  47

  Parentage is an integral part of our identity, and the parent-child relationship is one of the most crucial social relationships in our lives. The putative father believes for a certain period of time that a child who is not his own is in fact his own, and however brief this period may be, it is likely that a kind of conscious and emotional bond will develop between him and the child. If such a knowledge, which is the basis of our self-esteem, of our origin, is mistakenly thought of and we are confronted with it overnight, it will certainly lead to a traumatic experience, to a damage to our identity.

  In the present study, we will attempt to compare the historical facts described with the relevant legal fact(s), by taking the skin of a law enforcer. How can family law react when "the apple falls far from the tree"? We start from the premise that the historical facts present us primarily with a family conflict, so that it would be logical to invoke the protection of family law. However, the question arises as to whether family law alone can fully compensate the alleged father for the harm to his interests described, or whether other areas of law may have to be activated to do so.

  pdf (Hungarian)

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