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• Is the COVID-19 Really a Technical Question on the Part of the Attorney?

  5-19

  Judit Balogh

  Views:

  131

  Abstract: The COVID-19 pandemic has disrupted our daily lives in spring 2020. Many of the effects of the closures and home-working practices that accompanied the epidemic are still being felt in civil procedure today, whether positive or negative. On the positive side, the courts and authorities have recognised the potential of online communication, so that some of the proceedings can be moved online even in periods when there is no epidemic, saving time and energy. There are mixed views on the benefits of the fact that courts are ordering more only written preparation for the commencement of civil litigation proceedings than in the past. Lastly, it is negative that, to date, no satisfactory solution has been found for dealing with cases of absence due to sudden illness. This study examines the practice in the field of sickness absence: on the basis of an order of the Hungarian High Court (Curia) of February 2021, issued under the specific circumstances of a case of emergency, it seeks to shed light on the real content and role of the right to representation (and the substitution of the attorney) in civil proceedings.

• 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.