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Civil law claims in the context of drone flight
Views:174The technology of unmanned aerial vehicles (UAVs), which are most commonly known as ‘drones’, is one of the most rapidly developing field of modern science. That is largely owing to the fact that drones are used in more and more fields of economy, from architecture and media to agriculture and logistics, etc. According to predictions of the European Union, the drone industry may have an income of € 10 billion annually, by 2035, and could create about 100,000 workplaces as well.[2] In addition, the number of hobby drone users is also increasing quickly, with millions of registered drone users in the United States of America alone.[3]
The nature of drones, namely the fact that these devices can soar up to 30 or more metres in the air and carry out different kind of operations (including taking photographs) by an operator on the ground may cause a lot of conflicts between drone operators and people not taking part in the operation. However, these conflicts, are unlikely to be solved without legal interference, which makes it necessary for both lawmakers and organizations applying the law to prepare for these situations in order to be able to give proper answers to the problem.
In my research, I have indicated the development of drones in a historical context and also specified the classification of drones, which allowed me to outline those types that are relevant to the subject matter. I also presented the legal background of drone flight in force, on the level of the EU legislation and also gave an insight to the previous, Hungarian legislation. Then, I started to identify those legal claims that can be especially relevant on the terrain of civil law, and concluded three main claims can be named: liability for damages, infringement on personal rights (right to one’s image and, in particular) and the civil tort of trespass to land.
I analysed all of these claims separately and in connection with each other, and found interesting problems that could have huge relevance in a legal dispute before a court. I intended to support my findings and arguments with opinions from legal scientists, court decisions from Hungary and abroad, and legislative solutions from abroad. At the end of my writing, I concluded that the described problems, and the solution that is given to them, are indeed crucial, because they will most definitely affect the way people can use drones, and neither too strict, nor too loose rules are appropriate to decide upon the subject.
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Theoretical issues of equal treatment in relation to the legal classification of labour law
57-79Views:162There are many national and international academic debates on the classification of labour law. On the one hand, labour law can be categorised as private law when we consider the establishment of employment relationships. The legal basis for an employment relationship is exclusively the employment contract, thus labour law belongs to classical private law. On the other hand, the content of the employment relationship can be determined not only by the employment contract, but also by a number of other rules. These norms typically have public law content and, as so-called public law elements of labour law, seek to limit the contractual freedom of the parties. The existence of public law elements is typically justified by the legislator on the grounds that there is subordination between the parties in the employment relationship, so that the contractual balance of rights, which is characteristic of private law, is shifted in favour of the employer. The presence of elements of public law, and in particular the requirement of equal treatment, is intended to redress this imbalance in employment law by limiting the contractual freedom between the parties. In the present article, we examine in particular whether the presence of public law elements gives labour law a specificity of its own. In addition, focusing on the principle of equal treatment, we examine how the prohibition of discrimination in labour law and classical private law can be interpreted and whether this general behavioural requirement is capable of redressing the balance that has been shifted between the parties. Finally, we ask the rhetorical question: if the requirement of equal treatment is capable of redressing the balance, why is there a need for additional public law elements in labour law?
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The change of legal rules concerning employment policy instruments
Views:41The aim of the present essay is to give an overview of the means of the employment policy through the analysis and construction of the relevant statutory intruments and legal rules.
During the treatment of the means of the employment policy this essay tooks the classification accepted by the scientific literature as a basis therefore it deals with these instruments divided into two big groups.
Among the active types of the means of the employment policy the direct and also the indirect kinds of benefits of the jobless and unemployed are treated here.
Among the passive types of means those instruments are presented which are to succeed the unemployment benefit and the unemployment allowance such as jobsearch benefit and jobsearch allowance.
The definition of ‘employment policy’ is widely construed that is why this definition comprises the classical instruments of Labour Law and in a separate subsection the subsidy of the atypical legal relations of employment are also presented.
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Living fabric on a metal frame, or the possibilities of asserting the claim of the "platform worker"
141-161Views:99Our aim in the present research is to present the theoretical and practical problems related to platform work, focusing on their subjects and possible legal gaps and other anomalies in legislation and enforcement.
The study is mainly based on two major pillars, in which – perhaps not in a very usual way –the old and current problem are presented, namely the classification issues related to employee status, the situation of employers, precisely the installation and enforceability of employer rights and obligations.
It is an undeniable fact that most of the studies in this field focus primarily on employee classification. Although, for the sake of this study, we want to focus on the relationship between the parties, as the legal relationship can be interpreted and analyzed in its entirety if – in addition to mapping the circumstances of the persons performing the work – the exercise of partial rights between the platform and the employer is sufficiently examined.
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Criminal offences that infringe on individual freedom versus restrictions imposed during the pandemic to guarantee access to education
12-22.Views:130In the study we propose as follows, we will look at differences in perception between the pandemic constraints imposed by the governmenst of countries affected by the pandemic in view of managing the pandemic and society’s perception that governments have deprived citizens of their freedom by restricting their mobility and imposing restrictions with regard to travel, including in order to attend educational activities. In some cases, the communities affected by the restrictive measures have gone further, accusing governments of the crime of “Illegal Deprivation of Freedom”, which is included by the legislator in the criminal codes of countries. We consider that the accusations brought against the authorities are unfounded, exaggerated, and thoroughly wrong. We believe that they are due to communication gaps in the public domain, the differences in perception of community members in the context of changing paradigms and the insufficient legal education, which leads to confusion between illegal deprivation of freedom and limitations or restrictions. Although, in the legislation, the articles that provide for the criminal offences relevant to the matter are included in the criminal (penal) codes, for example, in the Romanian legislation in Article 205 of the Criminal Code, with the marginal name “Offences against Individual Freedom” of Title I, which bears the marginal name “Offences against the Person”, and falls within the area of interest of legal sciences, we will analyze the effects in relation to the limitations and restrictions imposed by the authorities for the management of the pandemic. To this end, on the one hand we will highlight the aspects of material criminal law necessary for the legal classification of a deed as offence of illegal deprivation of freedom, in accordance with the provisions of the Criminal Codes of Romania, Hungary, Republic of Italy, Greece, and on the other hand, we will present some aspects regarding the management of the coronavirus crisis in the area of education.
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Conservaivism and liberalism in the political thought of Győző Concha
93-104Views:51This paper contents the theories of Győző Concha about the scientific interpration of political liberalism and conservatism. In my work i tried to compare the thoughts of the author about the differences and the similarities of these relevant political movements and conceptions.
I analised an essay of Concha from the „Hatvan év tudományos mozgalmai között” named compilation.
It contents the connecting refers of the antique political philosphy, especially the scientific thinking conception of Aristotle, also the opinion of the authors of the british classsical consevative political thinking, for example Edmund Burke, and i processed the classification of Concha about the scientific work of Gyula Szekfű, named „Három nemzedék.
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A new draft of classification of claims: Reinstating of Bankruptcy Rules in the Provisional Judicial Rules
66-77.Views:121After 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.