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• The Hungarian Regulation of Domestic Partnership and The Domestic Partnership Registry

  29-35

  Fanni Ferenczi

  Views:

  173

  In recent decades, the number of the couples who live in domestic partnership and the number of children born to parents in a domestic partnership in Hungary and across Europe increased significantly. Because of these facts and reasons there was a need for a significant revision of the Hungarian regulation on domestic partnership that took place in the new Civil Code of Hungary of 2013. The notaries of Hungary have had a new role in the area of registration. In my work as a vice-notary, I often experience that couples who live in domestic partnership are entirely unconscious of the legal effects of choosing this form of living together.

  In this paper I give an overview of the past and present of the Hungarian regulation on domestic partnership. I pay particular attention to the Domestic Partnership Registry conducted by the Hungarian National Chamber of Civil Law Notaries. This summary gives me an excellent opportunity to give an account of my opinion about the registry and my practical experience with the conduction of the registry.

• From the patient's right of contact

  Mihály Petkó

  Views:

  108

  Man is a social animal, it is important for colleagues to meet, create a relationship with them, to communicate, ideas, exchanging information. Human relationships are determined by the identity of a specific person, place in society, so it should be a fundamental right for all people in contact with the law. However, in certain life situations exercising these rights is necessarily limited, undermined, need frameworks. One of those situations in life with participation in health care in which the patient has to adapt in health care provider operating schedule, however, the Trustee is required to ensure the exercise of the right contacts.

  The most prominent of patients' rights to human dignity, which is inferred from a mother right, from which a number of other important rights. One of these is the right to self-determination, which guarantees freedom of action of the human as an individual incapacity depending autonomous. For patient care recipients should be subject to the fundamental distinction that whether it is inpatient or outpatient care. In the latter case, it also suffers from significant limitations on the patient's right to self-determination , including personal freedom, opportunities for contact with other people. The right to self-determination in a specific part of the realization of rights is thus involved in the regulation of the contact, as during inpatient care plays an important role.

  In today's modern society, the means of communication, networks of past explosive development, get more involved in the exercise of the right to life, human relations than before, with the elimination of the technical obstacles the spatial and temporal obstacles easily can be prevented. Life situation of the theme chosen exercise of the right of communication is of particular importance, because the patient's recovery depends not only on only physical but also mental condition, recovery can define what social relations, quality, intensity. The correspondence law of the health care law more the privileges include such other persons entitled to take the patient's inpatient sanitation place either in writing or orally to maintain contact, to receive visitors, the people he set out to exclude the visit , prohibit the fact of his treatment or the other information related to medical treatment reveals other.

  The context of the law of correspondence can be said that relatively little addressed by legislators and by expanding the scope of the practice of law in the content, but would consider appropriate where more attention is added. It would be good detailed arrangements for the exercise of creating the right framework for the so - to clarify the scope of everyday objects, to establish rules for their use of health services that are appropriate for the task to allow the exercise of these rights - the first line telecommunications.

• The legal basis and the conduct of probate proceeding, particularly the distribution of the tasks in the proceeding and some of the possibilities of appeal

  22-31

  Fanni Ferenczi

  Views:

  124

  As the title suggest, the study intends to provide a summarized overview on the regulation of probate proceeding. The legal nature of out-of-court proceeding and the various stages of the procedure are briefly presented in this study. The procedural steprelated to the task of inventory taking and each stage of the proceeding related to the notary public are explained too. Finally, the study includes an overview of the available remedies (like the certain aspects of appeal and the possibility of retrial) and the basic rules on enforcement of inheritance claims.

• The essential rights of the local governments in the aspect of Financial Law

  Gabriella Csűrös

  Views:

  65

  In my study I deal with the connection between the local governments and the Constitution in the aspect of Financial Law.

  The local governments’ essential rights have been laid down  in the Constitution in a separate (IX.) chapter. The defence of the local governments is different from the defence of fundamental human rights. The latter has the test of necessity and proportionality. The local governments’ constitutional rights can be restricted until the infringement of its fundamental contents.

  I examined the rights of the local governments connected with the Financial Law, so I was engaged mainly in the financial support of it and the right of property and tax assessment. The Constitutional regulation of the financial support is most unique. The difference is that this paragraph (44/A. § (1) c) is not a rule of competence and jurisdiction however an obligation for the state to guarantee the self income and the proper state support to the local governments. The most important own sources are the taxes, which are necessary to discharge the duties. The authority to issue taxes derives from the Constitution - 70/I. § and 44/A. § (1) d. These paragraphs  prescribes that every natural and legal person must contribute to rates and taxes depend on their income and estate.

  The local governments may issue taxes within the framework of law, but their legislation is wide-ranging within it, for this reason there are a lot of instructive judgements of the Constitutional Court.

• International aspects of basic regulations regarding softwares – with special attention to German legal solutions

  Tekla Papp

  Ádám Auer

  Views:

  94

  Competion 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.

• Strategic Questions of the electronic administrative procedure in the European Union

  50-56

  Péter Ravasz

  Views:

  88

  Radical changes could be observed at the of the 20th century and can also be found especially in the 21st century regarding the electronic administrative procedure both in the European Union and in the Member States. These changes primarily originate from the technical development, to which administration has to reflect; furthermore administration should be more faster and can be made closer to the citizens. I review the European Union's strategies and priorities concerning electronic administration in this paper. The European Union's powers are mainly focused on the implementation of such services in all Member States approximately at the same time in this field, if possible on the same technical grounds because only this way can the real interoperability between the different systems be guaranteed. But the interoperability of the national administrations is significantly limited by the linguistic diversity of the European Union because in the absence of a common official langugae real interoperability is limited by the different official languages used in the Member States. Such fields are for example the company registers and its accessibility through the European e-Justice Portal. Although, the efforts for e-administratation of the European Union do not cover all areas of the national administrations, furthermore while the European Union's regulation is focused on the economically efficient activites, Member States have to prioritise issues of citizens' and legal persons' everyday lives when creating and realising eloctronic administration.

• Hedges beyond the Edge - Overview of Potentials and Risks of Hedge Funds

  3-19

  Zsolt Bujtár

  András Kecskés

  Views:

  161

  The first thing that comes to one’s mind about hedge funds is risk taking and excelled level of profitability. However, the operation of hedge funds is a disputed and sometimes contradicted process and market participants often express their doubt about the effects of the phenomenon. Therfore, the role of legal regulation is crucial at this field. Avoiding the effect of the afore mentioned regulations is however still intended by many funds that operate all over the world. This paper intends to offer a deeper insight in to the world of hedge funds and the regulatory background. In light of the 2007-2009 financial crisis the topic seems to be evergreen and the future of hedge funds largely depends on the application of the regulatory reforms based on the recent experiences.

• Agents and Insiders – The Relationship Between Agency Costs and Insider Trading

  54-64

  András Kecskés

  Views:

  177

  This paper examines insider trading regulation regulations from the viewpoint of agency costs. An overview is given regarding the different definitions of insider trading in jurisprudence which helps establishing the essence of this behaviour. The author also aims to give an insight to the agency problem and agency costs which arise in a business organisation with separate ownership and management. Only through that can be the effects of insider trading demonstrated on agency costs. The article aims to give a balanced overview by enumerating reasons whether insider trading increases or decreases agency costs. If it raises agency costs then prohibition is justified. If it decreases agency costs, e.g. it serves as a more efficient compensation mechanism, then allowing insider trading might be more beneficial.

• Le présent et le futur de la réparation dans la procédure pénale hogroise

  Ágnes Tarr

  Views:

  67

  A la deuxième moitié du XX ième siècle la victime a commancé á jouer un rôle important de nouveau dans les procédures pénales. Les legislateurs veulent assurer les droit de la victime et garantir qu’elle soit indemnisée le plus tôt possible et pour que tout le monde soit content du résultat.Ce sont les cadres de la juridiction restaurative qui en assurent les possibilités.

  Dans cet essai premièrement je présente le cadre de la constitution de partie civile dans la législation hongroise. C’est une procédure très intéressante parce qu’il faut appliquer d’un côté le droit civil et la procédure civile et de l’autre le drot pénal et la procédure pénale dans le cadre de la juridiction pénale (dans une procédure).

  J’ai analysé le terme de la victime, les règle appliquables et les décisions du juge. J’ai constaté qu’en Hongrie les tribunaux correctionnels ne délibèrent pas les décisions sur le fond dans les cas de partie civile mais ils renvoient les affaires devant les tribunaux civils.

  Ensuite, je présente les institution juridique hongroise qui vise á l’entremise dans la procédure pénale. On peut trouver deux institution juridique en vigeur. En premièr lieu il faut mentionner que dans les cadres de la procédure par constitution de partie civil (où la victime soutient l’accuation) il existe une audition personnelles des parties où le but est donc l’arrangement des parties.

  Il y a une autre institution juridique qui s’appelle l’ajournement de la mise en accusation. On peut l’appliquer si la peine ne mérite pas de trois ans de prison et il y a beaucop de circonstances atténuantes, le procureur peut décider l’ajournement de la mise en accusation d’une au deux ans. On peut prévoir différentes obligations et règlements du comportement pour le prévenu. Par example on peut prévoir de dédommager la victime avec l ‘accord des parties. J’ai examiné cette institution juridique et son efficacité dans la pratique aussi.

  Troisièmement j’ai analysé une institution juridique qui entrera en vigeur le 1er janvier 2007. C’est la médiation pénale. Il y a un cadre de décision européen (2001/220/IB) qui préconise aux États memnbres d’introduire la médiation pénale. Pour pouvoir appliquer cette institution juridique il faut modifier le Code Pénale et la loi de la procédure pénale. C’est le procureur qui aura le droit de la suspension du procès pour maximum six mois et renvoyer l’affaire devant un méditeur. Cette procédure devant le médiateur sera regie par une loi d’exeption.( Il y a déja une projet de la loi). Je présente les problèmes en relation la médiation pénale. En résumé on peut dire que la mise en place et la régulation de la médiation demandent du temps et de l’énergie. Je statue qu’il faut attendre beaucoup de temps en Hongrie pour que l’opinion publique et les justiciables acceptent et appliquent avec efficacité la médiation pénale.

• Some Thoughts on Participation of Civil Organisations in the Process of Policy- and Law Making in Hungary

  10-26

  Ádám Rixer

  Views:

  97

  Among the tools of including the concerned elements of society into the decision making processes the government operating since 2010 rather prefers the non-legal ones (i.e. those which do not constitute direct obligations for the government); rather solutions outside of the legal system are put into focus. Therefore the so-called national consultation, which – among others, such as sectoral, professional and other negotiating forums – introduced in Hungary a previously unknown political technique: within two years – in ordinary mail – each citizen received two surveys with possible answers to choose from, furthermore, – as a method not really used before in Hungary – an information booklet was sent to all citizens with the right to vote which presented the newest pieces of legislation.
  Looking beyond political slogans and pathetic forms it may be well observed that the government expects from the method of crowdsourcing – which may be considered traditional in other countries – as well as from different online consultations and the introduction of new means (surfaces) of information the establishment and deepening of discussion (cooperation) with society. Among the new means of information we shall mention that the government of Hungary created its websites civil.kormany.hu and kozhasznusag.kormany.hu related to the civil sector (in broader sense about legislation related to the civil sector). The websites – according to the intentions of the government– are part of the process of changing the attitude aimed at with the new act on the civil sector (Act CLXXV of 2011 on right of association, non-profit status, operation and support of NGOs), through which the government wishes to establish transparent connections with the civil sector.
  In Article 7 of the new Act CXXX of 2010 on legislation the two basic form of social compromise are described, general negotiation and direct negotiation. The former one provides opportunity for sharing opinion on the website of the organisation publishing concepts, drafts (in a way which obliges the organisation which asks for the opinion, e.g. through confirmation obligation or through preparing summaries on the merits), while the latter one allows the concerned minister to directly request persons and organisations to give opinion. A specific form of direct negotiation – creating obligations on the side of the minister – is the institution of strategic partnership, the framework of which is settled in a thorough agreement. One material weakness of the regulation, however, is that Article 13 paragraph (2) of the act only lists in an exemplary way those with whom such partnership may be concluded, by mentioning forms of organisations (e.g. church, trade union, civil organisation).

• Substantive conditions of asylum detention in the light of EU law

  21-31

  Árpád Kiss

  Views:

  104

  Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures.

  From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.

• Historical developments of lease

  Nelli Varga

  Views:

  374

  The mostly economy-inspired legal institution of lease is a relatively new “multidimensional” formation in our law of obligations. Its evolution and development were mostly influenced by economic factors and motivations, which even today determine the intensity of its development. The historical and present day evolution of lease is closely intertwined with the current environment of tax law, accounting and the economy: favourable legal regulation or economic media may result in increased volumes of lease, while an unfavourable legislatorial decision or economic atmosphere may bring setbacks. Historical development in the event of lease is inseparably intertwined with considerations of economics.

  The essay intends to provide an overview of the historical development of lease. We would like to present the development stages of lease in Hungary and on an international level. Outlining the historical development of lease, our purpose is to represent business, tax law and accounting impetuses that had a definitive role in the development and propagation of lease.

• The legal historical antecedents of the regulation of the preparatory trial and the proposing of evidences in the Hungarian procedural law

  67-94

  János Németh

  Views:

  65

  In the hungarian criminal procedure, the preparatory trial is held in the second stage of the criminal procedure, after the investigation and following the accusation, but exactly before the trial. Its elemental purposes are to give a chance for the accused to make an agreement with the court about confessing their culpability and the crimes they committed, otherwise – as it is said in its name – is to give place for the accused and the prosecutor to participate in the preparation for the trial and the proofing before the Court. The general opinion is that both of the preparatory trials’ new functions are unprecedented innovations in the Hungarian criminal procedure. I studied approximately twelve relevant acts, starting with the first Hungarian criminal procedure code from 1896, to examine the history of this legal institute. On this basis I think we are safe to say that, the re-regulation of the preparatory trial brought a significant innovation in the Hungarian Criminal Procedure Code without nearly any history. However, it is important to mention, that – according to my recent researches –, in the older Criminal Procedure Codes  some special procedures or rules already appeared which’ had minor similarities to the functions of the preparatory trial today.

• Mortgage and credit guarantee registry

  15-26

  Fanni Ferenczi

  Views:

  145

  Analyzing th esystem of mortgage we must reach back to the Roman Law. At that era it had been possible to pledge liabilities, rights and moreover aggregated asset, property. Mortgage is a long term institute of Hungarian Private Law as well. Paragraphs 251 – 269 of Act IV of 1959 on the Civil Code of the Republic of Hungary regulates mortgage in the Law of Obligations, placed among collaterals. In the last two decades the old Civil Code of the Republic of Hungary has been modified twice. Act V of 2013on the Civil Code of the Republic of Hungary weakens but definitely rewritten the principles of lending. Regulation of mortgage and the system of chattel mortgage registry has significantly changed. Several novelty has been introduced therefore the system of chattel mortgage registry was reformed too. Detailed regulations of credit guarantee registry in Act CCXXI of 2013 and Act 18/2014. (III. 13.) KIM has also been accepted correspondingly to the previous changes.

• Domestic violence

  Zsuzsanna Tóth

  Views:

  219

  There have been different theories concerning the reasons of domestic violence and abuse.

  The court as well as the police can call for restraining, which is especially established for preventing the repetition of the domestic violence.

  For the treatment of the above mentioned problem there have been founded two models: the Duluth and the Austrian model.

  In the memberstates of the European Committee it can be said that the strong front against the domestic violence is quite general, but the regulation is very diverse which means there is no silver bullet in the fight against it.

• Discrimination or value creation? – The real value of the wages in the Hungarian public work programme

  Marcell Sipos

  Views:

  121

  The aim of this paper is to scrutinise the wages in the Hungarian public work programme – probably the most controversial anomaly of the Act CVI of 2011 on public work and the modification of the act on public work and other acts. Furthermore, the study analyses the effectivity of the value creation in this programme and exposes the passive sight of the public work.The paper identifies the public work programme as a hybrid contract of the Hungarian labour law and detected the social side of this kind of legal instrument of the active labour market policies. The research also focuses on Order no. 3175/2016 of the Hungarian Constitutional Court and highlights the discriminative dangers of the wages. To emphasize my opinion I set the European Pillar of Social Rights in the middle of the research and concluded that the national regulation is not even enough to create effective reintegration to the primal labour market. In my opinion, to increase the effectivity of this program, we need to use the principles of the Social Pillar and the national labour law system. The conclusion of the paper can be a possible way to highlight the value creation in the public work programme.

• The Hungarian system of sanctions in connection with copyright law comparising to directive 2004/48 EC about validation of intellectual property right

  Tibor Kiss

  Views:

  78

  Copyright law is a relative young area of civil law. Intellectual property and creations ensure the revelation of human personality. The infringement of these rights became general with the development of technology. From the beginning copyright law tried not only circumscribe the possibilities of unrestricted use but ensure effective protection to authors with exact sanctions.

  In the essay I examine the international and Hungarian regulation against usurpation demonstrating all sanctions and opportunities. Not only one area of law gives protection to these rights. Civil law, criminal law and administration law has different sanctions for infringements.

  On 29th April 2004 2004/48/EC directive has been accepted about validation of intellectual property rights. The explanation of this directive is that different regulations in member states endanger the unified internal market. The directive consists of the rules of proceedings and sanctions.

  In this study I present the development about system of sanctions form an international and from a Hungarian perspective. I examine all types of sanctions concerning to the field of civil law and try to analyze functions and aims in connection with them. The effectiveness and history of these legal institutions are also presented in the study.

  Comparing the directive and the Hungarian copyright law it can be said that despite of all circumstances the Hungarian law has to be improved especially on the field of proceedings and temporary arrangements. These rules are specified compared to the ones in the Hungarian civil procedure, so judges have to take care of these differences.

• A new draft of classification of claims: Reinstating of Bankruptcy Rules in the Provisional Judicial Rules

  66-77.

  Máté Pétervári

  Views:

  121

  After the failure of the Hungarian Independence War of 1848-1849, the neoabsolutism which was the ruling of the Franz Joseph I from 1851 to 1860 reformed the Hungarian legal system. The emperor aimed at legal unification of Austrian Empire therefore he introduced the Austrian codes to Hungary. In 1860 the Austrian emperor eased the absolutistic government attitude with the issuing of the October Diploma and restored the Hungarian jurisdiction and public administration system which functioned before 1847. He charged the Lord Chief Justice, gr. György Apponyi who was recently appointed by him with the realisation of this restitution. That’s why Apponyi summoned a meeting for the Hungarian lawyers in 1861 which called the Conference of the Lord Chief Justice. This assembly specified the material and procedural law for the Hungarian courts.

  In this paper I examine the effect of this conference on the bankruptcy law, and I present the provisions of the Conference of Lord Chief Justice concerning bankruptcy law and the driving forces of the regulation based on the assembly’s records. The conference put into force the first Hungarian Bankruptcy Act (Act 22 of 1840) instead of the Austrian provisional bankruptcy procedure. The Hungarian literature typically includes about this regulation that the assembly only adjusted material and procedural rules of the Bankruptcy Act to the requirements of the civil era. I demonstrated with archival sources and views of conference’s participants that the modifications generated bigger changes in the Hungarian bankruptcy practice. In addition, the first appearance of the deed of arrangement without bankruptcy proceedings in Hungary was connected to the neoabsolutism of which the Hungarian lawyers expressed their opinions.

• The Notarial Examination of the Order for Payment Requests

  14-20

  Fanni Ferenczi

  Views:

  122

  2010 marked the opening of a new chapter inthe more than 120 years history of the Hungarian order for payment procedure. Breaking with the Hungarian traditions, the notaries became competent to carry out these procedures instead of courts. The Hungarian Chamber of Civil Law Notaries established an accessible web-based computerised system for support of procedures. The registration of requests, the assignment of cases to notaries and the administrative handling of cases are carried out through this electronic network. The legislator’s aims when modified the regulation of this legal instrument was to reduce the duration of order for payment procedures and the workload of courts. In this paper I give an overview of the content of order for payment requests and of the practical experience of the notaries in connection with the examination of requests.

• Thoughts about the latest modification of the Hungarian Act on Copyright

  Tibor Kiss

  Views:

  79

  The Act LXXVI of 1999 on Copyright was amended by the Act CVLV of 2005 with effect of 15 April 2006 in compliance with the provisions of the Directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights (hereinafter: “Enforcement-Directive”). The Enforcement-Directive concerns the measures necessary to ensure the enforcement of intellectual property rights (copyrights, patent, trade marks, etc.). The Member States of the European Union had to provide for the proportionate measures and procedures needed to ensure the enforcement of intellectual property rights covered by the Enforcement-Directive. The amended and supplement provisions of the Hungarian Act on Copyright provide efficient shelter for the authors from the infringement of copyright law on the one hand and provide legal (procedural) guarantees for the potential infringers on the other hand.

  There are some new provisions which can be applied against the infringers not only by final judgment but also as provisional and precautionary measures. When a judicial decision has been taken finding an infringement of copyright or neighbouring right, the judicial authorities may serve the infringer with an injunction aimed at prohibiting the continuation of the infringement. The judicial authorities can serve the alleged infringer, or the intermediary whose services are being used by a third party to infringe a right, with an interlocutory injunction intended to prevent any impending infringement of copyright or neighbouring right, or to forbid the continuation of the alleged infringements of copyright or neighbouring right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of right holder. The judicial authorities can be empowered to require the applicant to provide any reasonably available evidence to their satisfaction with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or, that such infringement is imminent. The judicial authorities may order the publication or seizure of bank, financial or commercial documents. The judicial authorities may order the recall, at the infringer’s expense in appropriate cases, of the goods which have been found to infringe copyright or neighbouring right and may order that the goods which have been found to infringe the right, as well as the materials and implements used primarily for the creation or the manufacture of the goods in question, be disposed of outside the channels of commerce, without any compensation being due.  It can be also ordered, that the decision be displayed and published in full or in part in the newspapers or in the internet designated by the right holder.

  The most efficient protection against the usurpation can be satisfied by the parallel regulation of the civil and criminal law. The next steps to be done by the European Union are the criminal law provisions. Besides the regulations, consistent jurisdiction is necessary, in which the courts should play an important role.

• The works council as an independent data controller

  Katalin Bagdi

  Views:

  263

  In most cases, the employer is the only one identified as a data controller in connection with employment relationships, even though other actors of employment such as the trade unions and the works councils also process data in relation to their activities carried out based on and in compliance with the Labour Code. Even so, while the data processing of the trade union does not raise any particular questions compared to other data controllers, issues do arise in connection with the works council. Works councils undeniably process the employees’ personal data in order to carry out their activities and fulfil their tasks, though without own assets and organisation separate from the employer’s, data processing of the works council could be attributed to the employer and considered as if it was the employer’s data processing, which would settle most of the possibly arising questions such as liability for infringing data protection rules. However, after the General Data Protection Regulation (GDPR) of the EU came into force in 2018, the definition of the data controller changed and includes now so-called “other bodies” as well, even if these bodies lack legal personality. Thus, the works council itself shall be considered as data controller which means that it must execute the obligations set in data protection rules. Despite the fact that based on the GDPR rules the works council shall be considered as data controller independent from other data controllers including the employer, this fact seems to be unknown for all relevant bodies, even for the data protection authority. Possibly because the works council is still thought to be a part of the employer’s organization and thus it is not obvious that the transfer of data between the employer and the works council is limited and conditional as they are two independent data controller, obliged to guard the employee’s relevant data even from one another. Hence, it is important to emphasize that the works council itself is an independent data controller in order to ensure a high level of protection for the employees. The aim of this paper therefore is to prove that the works council is clearly an independent data controller by analysing the relevant Hungarian and EU rules.

• Civil UAV on the horizon, Simply Toy or New Abnormally Dangerous Activity?

  88-107

  Veronika Szikora

  Gábor Szilágyi

  Views:

  112

  The reason why We have chosen this topic for my research is that new technologies have appeared in our environment, particularly the unnamed aerial vehicle. In Hungary, similarly to some other countries, there is a gap in the legislation concerning the use of UAV.

  The UAV technology raises many questions because these vehicles can be used for several reasons. It is necessary to analyse in depth the legal environment of UAV and to change our perspective because it is not enough to consider the legal context; technical and other aspects have to be taken into consideration as well.

  Most academic sources concerning the usage of UAV focus on the military use of UAV. In my research I focus on the topic from the aspects of civil law; the reason for this is that I consider the legal restrictions concerning the ordinary vehicles used for everyday purposes not for governmental ones.

  The main goal of our paper is to study how the usage of UAV can be legally controlled. This question is important because the number of these vehicles are gradually growing which leads to several legal issues, for instance privacy or tort.

  In our research We have analyzed the international laws and regulation plans, the international laws, draft legislation. The „abnormally dangerous activities” that appear in the title of the paper is only a call for attention to evaluate the liability in the civil law.

  The other aim of our paper is to make a proposal to set up a work group who is going to work out the regulations in detail. Legislators and researchers could participate in the work group, among whom are technical and legal professionals as well.

• Problems of globalization examining the development of local governments

  Tamás Horváth M.

  Views:

  43

  In Hungary almost every reform has its reference to the integration in the west, especially European Union. The explanation for failures is the difficulties of adjustment. The dilemma is what kind of reasons result this problem: is it a national feature or the original distress of Hungary. We can say that the root of it is the problem of following patterns. The origin of these patterns are from the western world but these patterns needed years or sometimes ages to reach the present situation. It was an organic development.

  In our modern world we can find plenty of legislative elements of globalization, unifying and harmonizing rules and institutions. Most of the international economic organizations make every effort to harmonize economic institutions, but the example of European Union shows that borders are not as simple as it seems. This harmonization and unification has to surpass it to a wider perspective (e.g. administration, public education, telecommunication or private law institutions, etc.).

  In the study I examine the development of self-governing and local governments. In Hungary over the last years – since the birth of self-governing – many changes could be found. Reforms followed reforms. According to a survey the most important fields of reforms are the following:

  • decentralization
  • privatization
  • decreasing the role of public sector
  • reform of the law for public servants
  • information technology
  • financial and budgetary management.

  Reforms of local governments are part of the globalization especially in those countries where change of the regime has happened. To reach the desired western pattern some lemmas are necessary:

  • constitutional state
  • territorialism of state
  • guaranteed financial sources
  • stability from the perspective of economy and policy.

  These foundational criterions are spread by international organizations like NAFTA, GATT, WTO, IMF, WB, OECD or EU itself. Plenty of recommendations exist on this field for administration and local governments. The Council of Europe has a basic document, the Charta of European Local Governments.

  If we examine the problem closer we can see that in spite of every recommendation or regulation, local governments are in trouble for example in Hungary. There are exact rules or principles to ensure the liberty or free space for them, but financial problems always exist.

  In the essay I analyzes the way of following patterns in typical countries and try to show how hard is to introduce a pattern from a moment to another that has prestigious past.

• Product warranty – a new legal institution in the protection of the consumer interest

  2-7

  Zoltán Ambrus

  Views:

  50

  This study presents the product warranty, a new element of the Hungarian system of law. The author describes the main features of product warranty in comparison with warranty and product liability. The author states some comments on the regulation. In the end the importance of product warranty is presented by stating a case.

   

  Egy új jogi szabályozás megjelenésekor adott a lehetőség az elméleti és gyakorlati szakemberek számára, hogy a korábbi normaszöveghez történő hasonlítással tárják fel és elemezzék a változásokat. A Polgári Törvénykönyvről szóló 2013. évi V. törvény (Ptk.) nem vitásan érinti a civiljog teljes spektrumát, új elemekkel frissítve a már kialakult magánjogi intézményrendszert. Jelen írás a termékszavatosság szabályainak elemző bemutatására tesz kísérletet.

  A magyar jogi szabályozásban előzmények nélküli jogintézményről van szó, ezért a meghatározó jellemzők bemutatása más, a hibás teljesítéshez kapcsolódó jogintézményekhez történő hasonlítással történik meg. Ennek során a kiindulási alapot a hibás teljesítésből eredő igények „anyajogának” tekinthető kellékszavatosság jelenti, ezen túlmenően a hibás teljesítéssel okozott károk megtérítésére (a továbbiakban: kártérítés), valamint termékfelelősségre vonatkozó szabályok kapnak szerepet.

  A termékszavatosságra vonatkozó rendelkezések a Ptk.-nak a kötelmi jogi szabályokat tartalmazó hatodik könyvében, annak XXIV. fejezetében, a hibás teljesítésre vonatkozó rendelkezéseknél szerepelnek a kellékszavatosságra és kártérítésére vonatkozó szabályokkal együtt. A hibás teljesítésből eredő fogyasztói igények körében további igényérvényesítési lehetőséget teremtő termékfelelősségi szabályok ettől eltérően a szerződésen kívül okozott kárért való felelősséggel szabályai között, a LXXII. fejezetben kaptak helyet.

• Az élethez való jog néhány jogelméleti kérdéséről

  65-73

  Judit Vörös

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  112

  Nowadays in vitro fertilisation raises relevant controversies at the point of view of jurisprudence as well. The distinct approximations of in vitro embryos, such as to be considered as personae or objects, are also resources of several theoretical and pragmatical questions. It is essential to give a compendious summary about what kind of jurisprudental environment had been contributed to the intrumental comprehension of human embryos too, otherwise it is difficult to understand the scientific quandaries connected to the subject correctly. Merely thereafter the international and the Hungarian regulation of in vitro embryo’s status seems to able to be dissected, in particular the case-law of the Hungarian Constitutional Court related to the right to life and the constitutional funds of the oncurrent re-regulation in our country.