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Critisism of insolvency rules
111-138Views:97The co-authors, who are participants in the research program (Ministry of Education FKFP 0025/2001-2004), give a critical analysis of the Hungarian regulation of insolvency law in their recently published study. Their findings, proposals have been formulated after studying respecting rules in the USA and in major Western-European countries (Germany, Austria, Italy, France, England, Switzerland). Not only legal regulations have been processed and critically analysed in their study, but judiciary precedents related to them as well. The aim of the study is to help re-codify the Hungarian insolvency law.
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A critical analysis of dependent companies with partnerships and the legal position of their directors
101-110Views:77In the author's opinion the Hungarian legal system does not at present adequately deal with the special nature in Trust Law of those companies and their directors associated with and dependent on partnerships. These companies, legally independent, but economically connected to partnerships are required to push their own interests into the background in order to achieve common business goals. In the case of real groups of companies regulated by the Companies Act of 1997 only influence gained directly in relation to the given share owned in the partnership is considered relevant. Other formulation of this determining influence are not accompanied by requirement for excess liabilities and the law does not provide for arrangements to protect the interest of small owners and creditors. Accordingly it is the dominant influence that counts and not whether the directing influence is based on the size of the voting rights of the prevailing members or the contract established with the members ie. the shareholders.
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The characteristics of the Hungarian cafeteria system examined in the context of changes in tax laws
126-132Views:112The article deals with the system and function of optional fringe benefits in the Hungarian labour law as well as with the taxation rules in connection with fringe benefits. In this context, we deal firstly with the conditions of the use of the cafeteria system and present the advantages connected to them. Then, the individual regulation of different allowances which are grouped according to different criteria is analysed, with special emphasise on the changes in tax law.
JEL classification: J32, K34