Search

Search Results

• 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.

• The role of interest in civil processes

  42-46

  Tibor Kiss

  Views:

  260

  The study reviews the enforcement of various interest-related claims in civil litigation and their special litigation rules, emphasizing that there are few specific norms in the Code of Civil Procedure from a procedural point of view compared to the enforcement of pecuniary claims. The study compares the interest provisions of the Act III. of 1952 and the Act CXXX of 2016, and seeks to provide adequate answers to enforcement issues arising from regulatory gaps. The article states that the law generally sets out some specific procedural provisions for contributions to be enforced together with the principal claim, which are also subject to interest as a contribution to the principal claim. The number of purely interest-specific provisions in our current law is negligible. The analysis covers the following specific legal provisions concerning interest: the amount in dispute, appeal against the interest provisions of the judgment at first instance, the admissibility at second instance of an increase of the claim for payment of interest, the admissibility of an application for review only of the provisions of a final judgment concerning interest. The study evaluates trends in court practice through analysis of ad hoc court decisions. The author states that uniform and coherent case law is in the best interests of the claimants based on clear legal provisions.