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• Likeness of Police Officers: Freedom of the Press and the Right to Facial Likeness at the Crossroads of Civil and Fundamental Rights

  110-128

  Zoltán Tóth J.

  Views:

  161

  The Constitutional Court of Hungary, proceeding in its new competence regarding the „real” constitutional complaint obtained from 1 January 2012, is allowed to adjudicate the motions initiated against concrete judicial decisions which are deemed to be contrary to the Fundamental Law of Hungary. Within this procedure the Constitutional Court places the protection of the freedom of expression and freedom of the press above the protection of personality rights. The Court consistently annuls judicial decisions that declare infringement of personality rights on grounds that a press agency published recognizable facial likeness of police officers being on duty during demonstrations. The present paper analyses the course during which the Constitutional Court does enforce the constitutional requirements elaborated in its former practice and, thereby, repeals the ordinary courts’ decisions if those favour the personality rights of police officers over the freedom of the press.

• The role of lien holder in the judicial execution procedure

  139-158

  Vera Kovács-Hegedűs

  Views:

  217

  Lien is substantially characterized by priority in satisfaction, which is in the spotlight of the execution of the lien. The lien’s function and force as a security interest is determined by the rules of execution. Under Act V of 2013 on the Civil Code, out-of-court execution has become the main rule, however, judicial execution and liquidation proceedings remained available to enforce the lien. Furthermore, in order to protect the purpose of the pledge to serve as a collateral and to provide priority in satisfaction, the lien may also be enforced where the pledge has been seized and offered for sale in the execution proceedings initiated by a person other than the lien holder. In this case, the lien holder may join in the execution proceedings even if his/ her claim against the lienee as debtor is not yet due. otherwise, upon auctioning the pledge, the lien holder’s lien would terminate. The purpose of this study is to identify and address the issues of this specific type of execution that arise during implementation as well as the incompleteness of the applicable laws and regulations.

• The Transformation of Labour Law Litigation

  162-176

  György Nádas

  Gergely Árpád Kiss

  Views:

  253

  From the outset of labor litigation, both theoreticians and practitioners have been preoccupied with the question of what specific regulation this area of law – which has essentially additional elements of private law – requires in order to ensure fair treatment and proceedings for all participants. The aim of the present study is to show how labor litigation is evolving today, outlining the phenomena that have arisen due to the new labor and civil procedure codes.

• Protection of Marriage and Family in Central Europe

  7-31

  Tímea Barzó

  Views:

  225

  It is no exaggeration to say that family plays a prominent role in our daily lives. This study therefore examines the constitutional and family law foundations of family protection in seven Central European countries. The study describes, among other things, the nature of family law legislation, the conceptual approach to family and marriage, the legal protection and solution of extramarital partnerships, such as de facto partnerships and registered partnerships, and the status of children in the countries studied.

• Foreign Loan: Cross-border temporary agency work in Hungary, with special regard to the employment of third-country nationals

  43-60

  Gábor Kártyás

  Views:

  250

  The special feature of temporary agency work is that the employee does not work for the agency which concludes the employment contract with them, but for a third party, the user company, with which the agency enters into a civil law contract for the remunerated transfer of workforce. The article summarises how an international element can appear in this tripartite employment relationship. It covers the rules under which an agency may conclude an employment contract with a foreign employee and also the cases where the agency and the user company are established in different states. Although Hungarian law generally prohibits third-country nationals to work in Hungary as agency workers, this is made possible by an expanding range of exceptions. The article explores the labour law and social security law situation of third-country agency workers in Hungary.