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The Beneficium Novorum in the Light of the Hungarian Procedural Reform Movements of the 19th and 20th Centuries

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2022-12-22
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Szivós, K. (2022). The Beneficium Novorum in the Light of the Hungarian Procedural Reform Movements of the 19th and 20th Centuries. Pro Futuro, 12(2), 28-44. https://doi.org/10.26521/profuturo/2022/2/12394
Abstract

The study examines the historical development of the beneficium novorum in the 19th and 20th century. This legal institution means the right of the parties to make such submissions that had not been made in first instance proceedings. Act I of 1911 (the first Hungarian code of civil procedure) made it possible without any boundaries based on the appellatio of Roman law. Act 1930 of XXXIV, however, restricted the freedom of submission in time with the enforcement of the principle of contingent cumulation. The study has a practical approach since it examines the question through archive sources and high court decisions. It argues that the application of the principle of contingent cumulation in the appeal proceedings was a successful legislative move which led to their shortening.