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• The Effects of Anthropological Concept of the Legislator on the Interpretation of Law – The Conclusions of a Hungarian Research

  73-84

  Mátyás Bencze

  Views:

  93

  The paper tries to answer the question whether the principle of ’presumption of innocence’ is applied appropriately and consistently in the practice of Hungarian judges. In 2010 we studied the judicial activity of a chosen number of Hungarian judges by analyzing the text of roughly 300 judgements of Hungarian courts and by carrying out an on-line survey among Hungarian judges. As a primary result we could identify some major deficiencies concerning the application of the principle. The other lesson we learnt from the research is that serious principles play their part only if the legislator at the drafting of the law takes the actual knowledge and skills of the law applier into account.

• The Importance of the Offender's Personality in the Infliction Process, Particularly as Regards the Criminal Records

  91-108

  Ágnes Pápai-Tarr

  Views:

  257

  During the infliction process, the judiciary needs to take into account the accused person’s personal circumstances, a process which also consists of the thorough exploration of the criminal records of the accused. It has to be considered whether the accused has committed any crime, and has been sentenced before, and if they have been, how many times, when, for what crime, and, last but not least, what the sentence was. These factors may greatly influence the inflicted punishment as a clean record is usually considered by the judiciary as a mitigating circumstance, while recidivists, offenders who pose an increased risk to society, are more seriously penalised. The penal literature of the last few decades lacks thorough studies on the previous criminal records of offenders. In my study paper and research, I attempt to make up for this shortage by examining the criminal records of the offender as a criterion of the infliction process. My aim is to present the actual judicial practise beyond the effective legislative environment and call attention to certain anomalies.

• The relationship between distraint in real estate and real estate registration – with special regard to the legal effects of registering and recording certain rights and legally significant facts

  137-156

  Mónika Fazekasné Németh

  Views:

  315

  The subject of the study is the realization of real estate, which is not examined in the traditional way but within the scope of the implementing law, but as a legal institution affecting several jurisdictions, focusing on the ownership of the auction buyer. In addition to the method of obtaining ownership based on the official auction, it analyzes in detail the possibilities of obtaining from the non-owner in the official auction and in the light of the judicial practice, the legal effects of registering the enforcement right and the note are taken into account.

• Opinion or statement of fact?

  48-68

  László Pribula

  Views:

  254

  Press correction is a special way to defend personality rights on the basis of civil law. Its main objective is that if someone states or rumours a false fact or makes a fact appear untrue about a person in a given publication, the affected person has the right to submit his claim – as soon as possible – in order to have a rectifying communication be given out in the particular publication showing which part of the injurious publication states false, unfounded facts or makes a fact appear untrue and what is the reality. If the publisher does not satisfy its duty to correct the injurious publication voluntarily, the affected person – in a short period – has the right to enforce his claim for press correction in an accelerated judicial procedure which allows only restricted production of evidence.

  The most frequent question of the press correctional lawsuits is whether the content of the publication turns out to be a statement of fact or an opinion. The opinion, assessment, critique and debates about society, politics or art cannot serve as a basis for press correction. The statement of fact is a declaration about a given momentum of reality, the assertion or rumour that something has happened in a certain way or that something really exists. In opposition to the statement of fact, the opinion expresses a value judgement or critique, and false facts cannot be concluded from it even indirectly. It is hard to define on an objective basis if a declaration is a statement of fact or an opinion. As life creates a wide range of various situations, the developing legal interpretation by the judicial practice has a great impact especially as regards the distinction between a statement of fact and an opinion, the interpretation of the publication or the determination of the content and form of the press correction.

• General Partnerships and the Fiduciary Duty in the US Legal System

  58-67

  Márta Plásztán-Brehószki

  Views:

  250

  The law of fiduciary duty is as old as common law. It is the key element of the law of equity. The agency relationship creates a fiduciary relationship between the parties, which means that the fiduciary (agent) is subject to the direction of the one on whose behalf he acts (principal). This high standard of conduct – in the scope of the agency relationship – has become a separate liability form in the common law countries and has appeared not only in company law but in other parts of civil law as well. This paper presents the development and the basic elements of fiduciary duty in the field of general partnerships.