Articles

• Lex-Mercatoria Principles: A keystone in International Commercial Arbitration

  5-27

  Rachid Al Bitar

  Views:

  89

  The international Commercial Arbitration is a dispute resolution mechanism; thus, it allows the parties to a dispute to settle their affair outside the national courts. On the other hand, lex mercatoria can be defined as a body of rules that encompasses usages and customs that were used by the merchants in the medieval ages, thus the English nomination “merchant law’. After globalization, more specifically in the twentieth century, both above-mentioned concepts have been developed and adopted by most of the legal systems around the world. This paper aims to define lex mercatoria by exploring its’ history, its’ development, and by tackling all its’ elements to study the impact of lex mercatoria’s principles on international commercial arbitration proceedings.

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  108

• Judicial review of company decisions in the view of jurisprudence

  29-48.

  Judit Barta

  Views:

  102

  The study presents in detail and in a systematic way the legal rules of judicial review of decisions of companies in the light of case law.

  The study describes when a review of a decision can be requested, who the parties are, how the time limit for bringing an action is set, what kind of decision the court can issue, groups and describes typical infringement decisions, and then distinguishes the legal institution from the judicial oversight.

  pdf (Hungarian)

  98

• The interaction of Continental and Anglo-Saxon legal system in the light of the FIDIC Yellow Book

  49-64

  Sándor Boros

  Views:

  94

  The so-called FIDIC Books made by the International Federation of Consulting Engineers provides different contract samples for construction projects, depending on the type of the project, with the primary aim of summarising best practice and proportionate risk-sharing. FIDIC Books are considered to be the most popular body of law worldwide in connection with construction projects. The Yellow Book is the second most commonly used contract sample, the essence of which is that the contractor’s obligation covers both planning and building. The Yellow Book applies the legal principles and legal institutions of the Anglo-Saxon legal system, which implies that the application of the contract sample in a continental legal context raises several problems regarding to interpretation and application. After an introduction to the interpretation of the Yellow Book in the continental legal context, the study deals with the question of the contractor's liability for damages arising from delay. The author focuses on cases where the delay of the contractor is caused by the principal. In this context, the author outlines a concrete proposal for the application of the law.

  pdf (Hungarian)

  69

• Certain private law aspects of the law on the transfer of agricultural holdings

  65-97

  János Dúl

  Views:

  88

  In 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.

  pdf (Hungarian)

  102

• Family businesses and shareholders' agreements - possible links

  99-124

  Zoltán József Fazakas

  Views:

  97

  The concept of a family company is not defined in current law. In the case of companies in which members of a family have a decisive influence, it allows only a formal approach. However, in addition to the formal approach, the substance of the company, the specific nature of family interests and values, justify an examination of the company from other points of view, which allow not only the long-term commercial economic activity but also the specific nature of family relationships to be examined on the basis of company law. It is therefore of the utmost importance that family companies should reflect family relationships, the need to operate intergenerationally and protect the family nature of the company, and ensure the family's long-term prosperity. The combination of the formal and substantive elements makes it possible to conclude that family companies are special legal entities in which a particular family community has a decisive influence, has and represents specific interests and values, among which the protection of family assets, the aim of intergenerational operation and the safeguarding of the long-term well-being of family members are to be highlighted. The Civil Code provides for multiple means of achieving these interests, in addition to the classic instruments of company law, including the possibility of shareholders’ agreement.

  pdf (Hungarian)

  88

• The legal consequences of the unlawful termination of the employment relationship by the employer in the light of Act I of 2012 on the Labor Code

  125-144

  János Kormos

  Views:

  112

  Highlighting the consequences of the illegal termination of the employment by the employer, the thesis presents its recent short historical background, development direction, current regulation – mainly the Act I of 2012 on the Labor Code (Mt.) 82. § (1), (2) and (4)
  paragraphs –, especially the practical application of the judicial experience accumulated over more than ten years. The thesis covers the legal basis of the labor law claims presented against the employer's decisions in question, as well as the summativeness of the issues, calling for help the case decisions of the higher courts, i.e. either the judgment boards or the Kúria, made in similar matters, which can be considered as guidelines in the application of the law.

  pdf (Hungarian)

  122

• Patient’s right to self-determination and its interpretation in case law

  145-172

  Judit Zákány

  Views:

  148

  The aim of the study is to examine the patient's right to self-determination and the present issues of legal interpretation. The right to self-determination – along with the right to information – is one of the most important patient’s right. It ensures that the patient can be a well-informed person, who is not just a vulnerable subject suffering from lack of information. If this right prevails properly, the patient is able to make decisions based on his own interests and values during his medical treatment.

  The focus is on the narrower interpretation of the right to self-determination, namely the consent to interventions, as well as its limits and the exercise of the right by deputy decision-makers. In addition to the legal content and interpretation of the right, we consider it important to cite examples of recent case law from the last few years and to present the most significant findings. The examination of the right of self-determination is current and necessary, since the legal disputed related to this are still present nowadays, and the case law is constantly evolving in this area.

  pdf (Hungarian)

  135