Articles

• Fundamental, labor law and human resource management approach of the judical workload and case allocation

  5-44

  Zoltán Boda

  Views:

  113

  In my study I try to walk around the topic of the judical workload and case allocation, which raises a lot of principle questions. The fundamental approach makes me to examine the Constitution and the human resource management factor too: what kind of correlations can we find between the workload and the fundamental rights. In my oppinion the connection point is the motivation, incentive management.

  pdf (Hungarian)

  168

• The impact of inflation on private law relationships

  45-72

  Tibor Kiss

  Views:

  248

  Not 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.

  pdf (Hungarian)

  133

• The criminal protection of the persons abused by domestic violence

  73-99

  Ágnes Pápai-Tarr

  Views:

  218

  Domestic violence is as old as mankind. However, in different historical periods, it was also judged differently in the society, in ethics, or in criminology. Today we must ensure to construct and maintain a complex and thorough system to protect the rights of the victims of domestic violence, or, at least take measures to do so. In my paper I am examining the legal tools of the criminal substantive law that are applied to ensure the effective protection of the abused of domestic violence. My primary aim is to present a collection of criminal substantive regulations, which are meant to protect the victims of domestic violence.

  pdf (Hungarian)

  246

• Enforcement options in case of abuse of unilateral power in the field of working time

  101-125

  Szabó Mercédesz

  Marcell Sípos

  Views:

  132

  Apart from the aforementioned provisions of Act CXVI of 2018 amending the Labour Code's rules on working time, nowhere in our current legislation is there a meaningful request for employee consent on the subject of working time, which - even if an employer's ultima ratio is maintained - would be extremely beneficial, in our view, not only from a fundamental rights and social, but also from an economic-efficiency perspective. The fulfilment of the aforementioned obligation to harmonise EU law would also undoubtedly bring benefits in this area. However, it should be noted that European Union legislation does not provide a satisfactory solution to these problems either, as it does not itself contain sufficient legislative provisions to involve the employee side in decisions on working time/working patterns. In our view, the only solution would be a domestic legislative reform that would provide a solution to all the problems identified in our study in line with EU law, but with its own solutions.

  pdf (Hungarian)

  85

• Validation of the claim for paid leave

  127-152

  Edina Ágnes Tass

  Views:

  132

  The study covers the most important rules regarding leave, with the aim of helping employees and employers deepen their knowledge of how to grant leave. In this context, the study covers what should be done with leave not granted until the end of the year, whether the economic interest of the employer can justify its interruption, whether and when it can be redeemed for money, and how long the request in this direction can be asserted, i.e. when it occurs the statute of limitations. Furthermore, it covers what the solution is in the event of the termination of the employment relationship, when the employee has taken less or even more leave than he or she would have been entitled to in proportion to the time, focusing on who needs to prove what to successfully enforce the claim, and what is the importance of it the employer's registration obligation. In addition to the European Union and domestic regulation of freedom, the study included some guiding decisions of the Court of Justice of the European Union and the Curia, on the basis of which the conclusion can be drawn that the courts try to give the correct interpretation of the legislation in the individual cases that come before them, which are precedents due to their nature, they are also binding in other matters.

  pdf (Hungarian)

  102

• Consumer insolvency in the European Union

  153-163

  Nikolett Zoványi

  Views:

  123

  Almost all modern civil legal systems respect property rights as a privileged and fundamental right, which means the property rights of individuals cannot be restricted or taken away without due process of law. In the case of insolvency proceedings, the person's right to property is violated, as the debtor is deprived of this right, at least partially. In such situations, the property rights of the debtor and the creditor are strained against each other, even to such level that the debtor's livelihood and alimentation is threatened by the satisfaction of the creditor's demands. During insolvency proceedings, we should restore the property rights relationship that was broken on the part of the creditor as a result of the debtor's behavior at the expense of the debtor's assets, ensuring that the debtor's interests are also protected, and that the proceedings take into account the interests of both parties. National lawmakers should, therefore, take several aspects into account to create the material and procedural legislation on the basis of which property of private individuals can also be subject to insolvency proceedings. Lawmakers should act in an environment where, due to the impact of globalization, it is no longer evident that the debtor and the creditor are citizens of the same country. This is the reason it is also important to examine how the European Union regulates insolvency proceedings in the case of consumer over-indebtedness in a manner that crosses national borders and still remains inside the Union.

  pdf (Hungarian)

  83