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The role of de facto separation in the divorce law of EU Member States
41-56Views:110De facto separation (means spouses are living apart) as the most spectacular sign of the irretrievable breakdown of a marriage is a legally relevant fact in the (national) divorce law of the most European Union Member States. However, there are notable differences in the regulatory methods used and how much importance is attached to it. There are Member States where the quantity and quality of the separation is regulated at the legislative level, either as an explicit precondition for divorce or as a legal circumstance orienting the judge, and there are Member States where separation plays a role solely or mostly in the process of the application of the law. My hypothesis is that the fact of separation is such a common intersection of the divorce law of the EU Member States that the legal attitudes taken by them in this regard require a comparative analysis of the law. The aim of this paper is to examine that how the EU Member States incorporate the fact of separation into their divorce law, to classify the regulation methods ’from legislation to application', and to draw the final conclusions in a summary.
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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
125-144Views:93Highlighting 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.