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General Partnerships and the Fiduciary Duty in the US Legal System
58-67Views:250The 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.
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Is This the Way Labour Law Should Protect the Employee? Review of György Kiss’s New Book
203-212Views:166Our review is about György Kiss's book, its title being Employment Flexibility and the Protection of Employee Status (A Possible Approach to Examining the Content of the Employment Relationship). The work raises the question of the future of labour law regulation, using the results and findings of the past. After describing the roots of Roman law, we can learn about the development of the current form of labour law through the development of the Germanic, Francophone and Anglo-Saxon legal systems. In addition to the historical view, the dogmatic foundations are also outlined in the work, so the content processing of the employment contract takes place on several levels before the author discusses the labour law applicability of the relational contract theory he raises. The description of all these bases makes the work suitable for those interested in labour law to better understand the contractual theories of different legal systems. We want to give an insight into this in the review, so that in addition to presenting the work, our own personal views and opinions will also appear.
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Sustainability in Copyright Law
40-61Views:170The aim of the paper is to give an overview of the pathfinding process of the copyright law, and of the European and Hungarian endeavors in favour of the sustainability of the copyright law via the copyright specific aspects of sustainability. It then aims to summarize the achievements of the harmonization process and draw attention to the goals to be achieved. The topic is approached from a cultural economic perspective. The main topic is described via historical and current aspects of the balance search of copyright law. the paper reviews the background of the development and current situation of copyright law from the point of view of philosophy and fundamental rights. With the analysis of the dynamism of economic and moral rights the paper outlines the necessity of parallelism of the two parts of copyright law. The examination of competitiveness of copyright law tends to highlight the inseparability of competitiveness and sustainability and emphasizes their development as being interlinked.
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effects of Labour Law regulation on the employment Relations Based on the Connection between Social Rights and Labour Market
26-40Views:189In the world of employment we can find several aspects that have effect on the labour market. Labour market cannot be independent from the legal regulation of employment; moreover – according to the tendencies – labour market processes basically define the role of labour law. A fundamental difference can be observed between the approach of Anglo-Saxon countries and researchers and the viewpoint of the continental law systems. In this paper the emphasized question is analyzed through these two different approaches according to the following premise: the Anglo-Saxon legal thinking defining the current development of labour law bears significant differences related to the labour law regulation – which means the direct regulation of labour market – and to the legal guarantees behind employment as well. From the viewpoint of the labour market two main questions are examined in this paper: on the one hand, the expected and necessary level and method of public intervention in connection with social rights, and on the other hand the deepness of the intervention of labour law into the social relations driven by the market.
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Specialities of Collective Labour Disputes
217-232Views:159We are currently living in a period when technological, economic and other changes fundamentally influence the nature of legal relationships. There is no difference in the labour law palette, as atypical employment is gaining ground in law enforcement circles. In our view, this development cannot be derived solely on substantive law, but should also be presented at the level of litigation and, where appropriate, ADR procedures. Perhaps it is somewhat ironic that it is precisely the collective labour dispute, which is not popular in Hungarian civil society litigation law, in which the emergence of innovative dispute resolution methods can be observed from time to time. Therefore, our work primarily examines the extrajudicial practice of collective dispute resolution, complemented by the solutions used in the legal systems of some countries less researched by the domestic labour law environment. Our aim is to highlight the potential of ADR methods in collective disputes and to explore new, unknown opportunities for domestic law enforcement.
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Law of Sustainable Development
11-30Views:304Sustainability or sustainable development as an objective or as a definitions is wirely used since the 1992 Rio Conference on Sustainable Development. There are many attempts to clarify the content of it, most of them covering inter- and intragenerational equity, integration, the different means and methods of long-term thinking. While it is still a controversial question, it is also difficult or even harder to specify the legal content of such a policy matter. The law of sustainable development shall be able to meet the challanges of clarity, enforceability, thus one should try to be more specific then it is acceptabel in the wider the political context. Several international documents, conventions, even EU legislation wants to come closer to the problem. If we wish to translate the content into the legal language, then there are some elements of such a legal system, which we would like to underline: inter-generational equity and right to environment, public participation, cooperation, integration, precaution and subsidiarity. There is also a newly emerging element of the legal understanding – imported from ecology –, which needs greater attention today, that is resilience.
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Back-Door Electronic Monitoring in Hungary: Theory and Practice of Reintegrative Surveillance
30-42Views:321With the development of technology many new legal institutions were regulated in the criminal justice systems. Electronic monitoring is one of those, which from the Hungarian perspective first appeared in the form of home detention in criminal procedure law. Later on, in 2015 the technology of electronic monitoring was implemented in prison law as the institution of reintegrative surveillance. The regulation is basically appropriate and according to the experiences could be seen as effective. However, there are some related theoretical questions which need to be answered. For example, the question of widening the potential application of reintegrative surveillance, or the relation between reintegrative surveillance and imprisonment or conditional release. Answering these questions is important as presumably the technological development won’t stop on this level, thus we can expect the widening of electronic monitoring in Hungary as well.
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A divatszakmában dolgozó munkások védelmének helyzete
105-129Views:347The global fashion industry is characterized by a dynamic and complex supply chain. Clothing products and footwear reach consumers through various brands, from developing countries to Western countries. The exploitation of workers at the bottom of the supply chain goes hand in hand with huge benefits for those at the top of the supply chain. Due to the lack of direct contact with workers, brand owners and resellers often ignore the abuse of workers ’rights in the production of their products. Labor law rules alone are not enough to improve working conditions and ensure the rights of workers in the fashion industry. Brand owners and resellers have a vital role to play in changing their working conditions. By incorporating “soft law” solutions such as the UN Business and Human Rights Guidelines and the Organization for Economic Co-operation and Development’s Screening Guide, responsible business conduct can be achieved. Incorporating voluntary initiatives into the business behaviors of brand owners and resellers has a significant impact on improving employee rights. In this study, I assess how the 2016 Transparency Draft has affected the protection of workers in the global fashion industry, how much the inclusion of Transparency and Sustainable Development Goals has improved the situation of exploitation of workers. The ILO regularly examines the issue through its analysis of human rights reports.
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Historical Salvage as Investment: The Effect of an ICSID Judgment on Two Legal Areas
101-110Views:101In 2007 the ICSID concluded that MHS’s contract with Malaysia to undertake complex salvage operations considered investment even if it had not significantly contributed to Malaysia’s economic development thus failed to fall within the scope of the former interpretation of the notion of investment. This decision is significant in the sphere of international investment law as it synthesizes the former practice of the ICSID concerning the definition and conceptual elements of the notion of ’investment’. Besides, the Diana case serves for the enlargement of salvage law; however it can- not be defined as a classical source of law. It gives a new way to legal protection for salvage activity thus it contributes to the orientation in the chaotic mass of mainly customary rules related to shipwreck salvaging.
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The Legal Status of Victims of Sexual Violence in International, European Union and Domestic Law
Views:56The study describes the concept and the legal status of the victim of sexual violence in view of the fact that the definition of victim in criminal procedure law is not the same as the broader definition of victim used in criminology at domestic or international levels. The Me Too movement drew attention to a problem in 2017 that is still waiting to be solved years later: preventing and eradicating violence against women, as well as making the role of the victims during procedure and their legal options more effective. A brief, overview categorization of this legal situation shows what emerging tendencies can be discovered in the European Union’s legislative process nowadays, and based on these, what the problematic areas are in domestic law where change is needed.
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Issues of Public Social Responsibility in Great Britain and Hungary
122-136Views:335Social responsibility has undergone significant development in recent years. The concept has spread into every aspect of life: personal life, the economic sphere and finally the public sector. It is proven that currently many states are struggling with various problems in the public sector. We believe that public social responsibility is one of the guidelines that is able to help, for example, in the realization of a comprehensive public administration reform. This paper examines public social responsibility in Great Britain and Hungary. Even though we have the example of the United Kingdom to follow, their way of practicing PSR may not be suitable for the rest of the European countries because of the fundamental differences in our legal systems and mindsets.
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The Right Answer to the Diesel Scandal? The latest Reform of German Collective Redress through the Eyes of Outsiders
9-38Views:301The aim of the article is the understanding of the development, experiences and barriers of the the German collective redress mechanisms – from the point of view of a foreign researcher. When establishing a possibility for collective redress the course of the whole procedure and almost all segments are concerned. The case known as Volkswagen-dieselgate made the issue particularly crucial. Through this case, the author examines the new procedure introduced in November 2018. She also gives a brief overview of the class action in the US, concluded by a settlement between the Volkswagen Group and consumers. She tries to answer the question of whether the new law can be expected to provide an effective solution to the procedural issues that have arisen in this case. The analysis is also based on a review of previous sectoral regulation, which was the main basis of the development of the new regulation introduced in 2018.
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Aspects and consequences of the Kingdom of England’s legislative regimes regarding the Hanseatic League, the Dutch Republic and Scotland
68-77Views:231The article surveys elements of the Kingdom of England’s relations with the Hanseatic League, the Dutch Republic and Scotland throughout certain periods of history. There is a particular focus on legal measures and regulations adopted by England with regards to the traders of the Hanseatic League in the 14th and 15th centuries and Dutch traders in the 17th century. In relation to Scotland, there is an overview of how restrictions enacted by England helped to contribute in part to the Union of 1707, and of some consequences which followed on from this important historical development. The study can be said to be of interest in terms of certain developments taking place in Europe at the present time.
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Principle of Environmental Integration – Thoughts on the 7th EU Environment Action Programme
31-51Views:151Integration of environmental requirements into other policies is a priority objective of the new, 7th environmental action programme of the EU. Principle of environmental integration was developed by the international environmental policy; it was inserted into environmental policy principles and into provisions of the Founding Treaty at the establishment of the EC environmental policy. The aim of the environmental integration principle harmful environmental effects, thus to serve sustainable development. Objectives of the EU sustainable development and sustainable growth strategies cannot be realized without integration of environmental requirements: integration of economic, social and environmental aspects of development can ensure the establishment of a resource- efficient, competitive economy, free from environmental degradation, improvement of quality of human life, meeting the needs of present and future generations, and preservation of natural resources which serves as the fundament for development of the other two pillars. Environmental integration is a principle provided for in the Treaty on the Functioning of the European Union, binding the decision-makers and legislators of the EU and the Member States; failure of its application might lead to judicial review and annulment of an act.
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The Continuation of the Employment Contract or the Development of a New Contract?
12-28Views:197Labor law has not been able to dispose of the shackles of the locatio conductio for a long time; the system of traditional labor law was built on this contract. However, new forms of employment are beginning to break down this structure. Outsourcing and employment by digital platforms have broken the dominance of the employment contract and the contractual structure is shifting towards private law. The study seeks to answer the question of what all this means in terms of protecting the worker and the responsibility of the employer. Finally, does the theory of the personal employment contract offer a solution?
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Integration of the Hungarian Water Utility Supplier from a Legal Aspect
144-162Views:102The present article focuses on the integration of water utility supplier operated public water utility supplies in Hungary. According to the new Hungarian law (namely Act CCIX of 2011 on water utility supplies), the integration is merely one element of the instruments of the decision-makers to achieve their goals. According to the preamble of the act, the goals are the followings: to establish the basic rights and obligations of water utility supply, to protect national water utility property, to provide sustainable development in water utility sectors, to fulfil the objectives of the protection of drinking water resources and to ensure the conditions of water utility supply serving the extensive promotion of consumer protection, furthermore to ensure the implementation of these objectives by detached and transparent regulations. Expectedly, the procedure will be finished only by 2016, however, the number of water utility suppliers having existed before the adoption of the new law (i. e. circa 400 suppliers) has been reduced to approximately one-tenth by begin of 2014.
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Trends, Directions, Legislative Efforts: the Abolition of the Civil Servant Status
179-195Views:127One of the most spectacular changes to the Hungarian employment system in recent years is that many former civil servants (‘közalkalmazott’) have lost their status and come under the scope of the Labour Code or have been subject to newly created status laws. As the Act on Civil Servants (‘Kjt.’) applies now only a few groups of civil servants, having been emptied out by successive reforms, it is not surprising that the future existence of the Act and of the autonomous status of civil servants is being called into question. But what factors have led to the gradual, and in recent years accelerating, decline of the Kjt.? Is the 'disappearance' of civil servants the result of internal processes that rationally follow from the development of the law, or is it the result of independent economic and political considerations? What was the original role of the Kjt. in the system of employment relationships and how can its ‘emptying’ be understood in an international and historical context? The study argues that this process is not an inevitable consequence of legal doctrinal developments, but rather the result of legislative efforts to abolish the uniform legal status of human service providers. Hungarian legislation is no exception to the neoliberal and neo-Weberian trends, while the comparative advantages previously enjoyed by civil servants are eroding and the regulation is becoming highly fragmented.
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The 1580 Political Ordinance of the States of Holland and West Friesland: Certain Examples of its Influence in the English-Speaking World
78-88Views:175The present study deals with certain influences the 1580 Political Ordinance of the States of Holland and West Friesland had in the English-speaking world, specifically in relation to the Plymouth Colony in the present-day Commonwealth of Massachusetts and South Africa. Regarding the former, there is a survey of the introduction of the institution of civil marriage by the Pilgrims at the Plymouth Colony and the Dutch background to this particular development. In relation to South Africa, there is an analysis of the lack of intestacy inheritance between spouses in that country in the past due to the system of inheritance rooted in the 1580 Political Ordinance, and the changes that took place in connection to this with the passing of time.
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The New Hungarian Act on Irrigation in the Light of a Landscape-Orientated and Land-Use-Based Water Management
42-66Views:382The present article relates to water governance, and within that a specific Hungarian problem, namely, the cumulative water-related damage occurring in the Great Plain (floods, droughts and inland water) and the ambiguous situation of environmental services. Due to the complexity of the problem, the solution itself can only be systematic and can therefore only be solved in the context of integrated and adaptive water management. In Hungarian, this water management is defined as landscape-oriented water management by a research group connected to the Hungarian Academy of Sciences. The possible implementation of landscape-oriented water management has recently emerged in connection with the development of agricultural irrigation. The novelty of this study is the assessment of the new Hungarian Act concerning the irrigation taking into account the different aspects of hydrology, pedology and jurisprudence.
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Public Hearing as a Safeguard of Fair Trial in Criminal Proceedings
46-61Views:148The primary aim of my paper is to examine the questions related to the institute of public hearing. As we know, publicity is one of the most important safeguards of fair trial in criminal procedure. In my opinion, it is necessary to examine these procedural questions in a scientific depth in the light of both the case decisions of the High Courts and the practice of the European Court of Human Rights. The study examines one of the important pledges of a fair trial, the effectiveness of the basic principle of publicity in the criminal procedure. It explores the principle from a dogmatic point of view, and also in the light of both the European standards and the regulations currently in force. It mentions the limitation and exclusion of publicity, and the legal consequences of violating publicity in a great detail. Classic legal institutes are shifted into new dimensions by the technical improvements of the modern world and the media broadcasts from courts, and the paper points it out that for the sake of having an undisturbed court hearing and verification, some modifications on certain legal regulations may be justified. The study also mentions the standpoints of legal literature regarding the notion of publicity in detail, and by summarizing them it attempts to define the notion of the given basic principle as per aspects of law science, considering the characteristics of the 21st century. After the establishment of law theory principles, besides introducing the regulation in force and touching upon court practice, my paper analyzes questions that are more and more current, especially due to the reports by the electronic media, which sometimes cannot only disturb the order of the court, but also the procedure of verification. So, after the examination of basic hypotheses and the legal institute, it draws the conclusion that the development of the legal institute justifies the modification of the procedural law in the future, especially in connection with informing the press.
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Messages of German and Italian Identity Parades
78-89Views:80All criminal justice systems in rule-of-law states attempt to prevent justizmord cases. Unfortunately, this intention is not always successful. This statement is illustrated by both Hungarian and foreign examples. Both Hungarian and international scientific research reveals that the identity parade (line-up) method plays a key role in the miscarriage of justice cases. So it is important (basic)/vital interest to prepare preventing methods in this field, or to reveal/disclose the causes of final serious mistakes. For this purpose, the author examines the identity practical method and legal (police) rules in Germany and Italy. At the end of the study, the author formulates the potential legal and criminalistic/forensic development possibilities, the lessons and his conclusions for the powerful/efficient and fair criminal procedure rules and for better law enforcement practice.
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Technology in Legal Regulation’s Service? Efforts in the Field of Data Protection
33-45Views:188The interaction between technology and data protection is quite well-known and widely accepted in the legal literature concerning privacy protection. This essay tries to sum up the efforts to line up the technology itself to defend one’s privacy, often threated by technological development. The essay first shows the relevance of the Privacy Enhancing Technologies (PETs), and the basic concept of the Privacy by Design principle, and then analyses both the current and the proposed European legal regulation focusing on these issues.
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The Beneficium Novorum in the Light of the Hungarian Procedural Reform Movements of the 19th and 20th Centuries
28-44Views:123The 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.
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Sustainable development in the EU: Review on Zsuzsanna Horváth’s Book
158-163Views:240Review on Zsuzsanna Horváth’s Book, the title Sustainable development in the EU. (Fenntartható fejlődés: Fenntartható termelés és fogyasztás az Európai Unióban. Dóm–Dialóg Campus, Budapest–Pécs, 2016.)
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Developing Blockchain-Based Distributed AI for Personal Data Protection
9-27Views:536The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making built on blockchain-based data processing in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. My hypothesis is that because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply with some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. For the sake of better understanding, I presented the human mind and its ‘uploading’ with conscious and unconscious content as an analogy to blockchain-based AI systems. My goal is to highlight that the fusion of blockchain and machine learning-based AI can be a suitable technology to develop serious automated decision-making systems (so-called ‘distributed AI’). The compliance of these distributed AI systems with data protection law principles is a key issue regarding the very serious risks posed by them.