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The Future Civil Procedure From a Bird’s-eye View
115-127Views:139The future Civil Procedure has been under recodification for three years now and the experts have made considerable effort to create a 21st century code. Now the draft of the Code was published by the Minister of Justice for social debate, and later on a Bill was introduced. This article offers several humble recommendations de lege ferenda, where the text of the code needs amendment and no interpretation may result in the desirable outcome. Several earlier remarks of the author have been accepted and are now reflected in the Bill, and these points shall be identified and evaluated.
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The new Civil Procedure Code – from order for Payment Perspective
94-113Views:106The study aims to assess the basis of the features of the new Civil Procedure Code, it is a general background of the non-litigious procedures. The research seeks to answer two questions: whether the new Civil Procedure Code satisfies the requirements of the non-litigation requirements; and whether it leads to a change in the regulation of non-litigation procedures. The study whittled down the scope of the investigation to the order for payment procedure. Based on the primary research, the sections of the draft of the new Civil Procedure Code, which are referred to by the order for payment procedure, are two ways to present: content unchanged, and content changed. The study examines the impact of the latter, and draws conclusions based on the changes in content on the relationship of the order for payment procedure and the new Civil Procedure Code.
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Comparison of Enforcement Systems for the Violation of Fundamental Rights of Detainees Stemming from the Condition of Detention in Penitentiaries and the Right to a Fair and Public Hearing within a Reasonable Time
90-110Views:126The violation of fundamental rights of detainees stemming from the conditions of detention in penitentiaries and the right to a fair and public hearing within a reasonable time raise complex concerns, because in such cases the applicants have to submit a procedure under the Hungarian Prison Act or a lawsuit concerning the violation of certain rights relating to personality under the Hungarian Code of Civil Procedure or the Civil Code. The legal protection is uncertain, because the rules relating to prison conditions meet with rules of civil procedure and civil code rules. Court decisions do not help to find the way out of this incoherency. The questions mentioned in the present article raise serious dogmatic debates, casting doubt on the efficiency of the remedies.
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Artificial Intelligence from the Viewpoint of Civil Law
28-41Views:1079The aim of this paper to examine the definition of artificial intelligence and how AI can be considered in the field of civil law. The topic is being studied by many authors around the world and they are urging the initiation of legislation. The reason is that technology is rapidly developing, but the legislation cannot cope with this. However, in order to protect individuals, it is important to have a legal assessment of artificial intelligence. As a first step, it might be helpful to define the technology from the viewpoint of civil law.
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The assertion of fundamental principles relating to civil law notaries in the 21st century with special focus on Hungary
25-45Views:171In our present paper, we tried to introduce the principles of notaries through the Hungarian notary's glasses. We did this through the challenges of the 21st century. Prior to the detailed description of the principles, we introduced the position of the Hungarian notary, where we also discussed the provisions of the Hungarian Constitution. Subsequently, more important legislation on Hungarian notary was mentioned and we discussed the diverse notarial procedures. In this connection, it is important to note that not only the notarial deeds are found in the Hungarian notary's procedures, but also the keeping of notarial registers. The paper deals with the responsibility of notary, the notary's and advertising relationships, the emergence of electronization and digitization. The paper presents the most important principles of notaries, including the principle of independence, impartiality and public authenticity.
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Implementation of the European Small Claims Procedure in the Member States of the European Union
41-59Views:125It has been seven years since the european Small Claims Procedure was introduced as a sui generis european procedure and an alternative to existing national civil procedures. However, it works in close interaction with national laws, as the regulation leaves many aspects of the procedure to national legislation. The article analyzes the legal instruments that serve the implementation of regulation 861/2007/ EC in member states, particularly the issues of mutual recognition and enforcement of ESC judgments, communication between the court and the parties, review and appeal of the judgment, and other specific issues. It concludes that knowledge of national procedural law is often vital to succeed in an ESC procedure in a foreign country. Smooth and efficient functioning of the procedure requires cooperation mechanisms not only among member states, but also among judges, lawyers, and enforcement officers.
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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
137-156Views:312The 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.
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Goodbye Exequatur Proceeding
69-83Views:150Am 10. januar 2015 begann eine neue Zeitrechnung für das Zivilprozessrecht der Europäischen Union. Die Brüssel I. Verordnung (44/2001/EG) als wichtigste rechtsquelle wurde mit einer Neufassung (1215/2012/EU) abgelöst. Die neue Verordnung schaffte die Vollstreckbarerklärung (Exequatur) als zwischen der Anerkennung ausländischer Entscheidungen und derer Vollstreckung keilendes Verfahren ab, was in der Rechtsliteratur als Paradigmenwechsel bewertet wird. Aus diesem Anlaß stellt der Verfasser eine Bilanz auf. Ihre Abhandlung befasst sich mit der rechtlichen Natur der Vollstreckbarerklärung, mit der Anwendung der Verfahrensregeln in dem ungarischen Rechtsverkehr und widmet ein Kapitel den Argumenten und Gegenargumenten in Bezug auf die Abschaffung der Vollstreckbarerklärung.
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The Beneficium Novorum in the Light of the Hungarian Procedural Reform Movements of the 19th and 20th Centuries
28-44Views:120The 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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Claims for Compensation Based on the Infringement of Regulations Applicable to Procurement Procedures
11-30Views:141The study is concerned with those claims for compensation, which are based on the infringement of regulations applicable to procurement procedures. After the placing of the compensation within the public procurement remedy system, we outline those conducts, which can cause damage in the course of the public procurement procedure (e.g. contracting authority’s withdrawal from the public procurement, unlawful withdrawal of the tender, failing of contract conclusion, etc.). during the review of these cases, we heighten the differences existing between the classical civil law claims and the claims based on the infringement of public procurement rules.
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Reflections on the validity of exculpatory clauses in light of Section 6:152 of the Hungarian Civil Code
9-24Views:174Section 6:152 of the Hungarian Civil Code (HCC) is an objective cap on the freedom of contract, it is an unconditional (absolute) and minimum protection to which all exculpatory clauses are subject. In this essay, this rule is examined in a wide and complex context. These exculpatory clauses are closely connected to the consent of an injured person or their assumption of risk, or their waiver (especially waiving claims for damages) as unilateral juridical acts. The relationship between this statute and other grounds of invalidity shall also be examined, especially the connection to the invalidity rule of unfair standard contract terms.
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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:171The 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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Cumulation of Causes of Remedies for Non-performance and other Claims, with Special Regard to the Section 6:145. of Civil Code
60-78Views:180The Civil Code (Section 6:145.) excludes the possibility of parallel delictual claims of compensation for damages arising from breach of contract (non-cumul). This essay deals with the concept of concurrence of law and the concept of cumulation of causes of action and the relationship between contractual remedies and other sanctions grounded on a non-contractual basis. It examines the French doctrine of non-cumul, the proposal of DCRF and certain methods among the European legal systems. This essay analyzes briefly the two situations where the contractual and delictual bases could compete with each other and the application of the above mentioned provision may generate problems.
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The Right to Maintain Contact within the Context of Fundamental and Personality Rights
Views:633It is self-evident that parents play an irreplaceable role in the lives of their children, influencing the child's physical, mental, and emotional well-being and behavior. It is therefore necessary that children maintain personal relations and direct contact with each parent, even if the marriage of his/her parents is permanently and irreparably damaged. The right to contact, which has a strong legal foundation in international conventions, is traditionally described as a right of the child, despite the fact that contact between parent and child is both a right and obligation of mothers, fathers and children. The right to contact is a Janus-faced, complex legal institution: although it is largely based on the fundamental right to private and family life guaranteed by constitutional norms, it plays a significant role in private law disputes as well. The aim of this article is to present the place of the right to contact within the Hungarian legal regime, emphasizing the enforcement of this right in the field of protection of basic and personality rights.
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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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The Legal Status of Women in the Balkans from the 19th Century to the Present
101-123Views:251One of the most important pieces of legislation in Serbian history was the Serbian Civil Code (SCC) of 1844, which remained in force for more than 100 years. It dates back to the time when the country was still part of the Ottoman Empire and survived the state law regimes of the Principality of Serbia, the Kingdom of Serbia, the Kingdom of Serbs-Croats and Slovenians and the Kingdom of Yugoslavia before being liquidated by socialist Yugoslavia in 1945. From the moment it was created, there had been serious criticism, such as that it was modelled on the Austrian civil code and thus did not correspond to Serbian legal-social relations, and so there was no indication that it would be a durable piece of legislation. In its 100-year history, most of the criticism concerned the discriminatory provisions on women. Mostly, the legal situation of married women was detrimental, as they had no capacity to act, and were represented by their husbands. Their proclaimed equality took place in 1946, but they actually received the same legal status as men in the late 20th century.
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The Enforcement of Children’ s Rights in the Family Law Book of the new Civil Code
39-59Views:371In Hungary, the new Civil Code came into force on 15th March 2014.Tthe fourth book of which (the Family Law Book) contains the rules of family law. These rules of family law have changed in some areas compared to what they were previously. For example, developments have occurred in the field of children’s rights. In the current study the author examines the enforcement of children’s rights guaranteed by the Family Law Book. As a main conclusion of this indepth analysis, the author states that the new Civil Code ensures greater protection and better enforcement of children’s rights. Namely, the Family Law Book determines the children’s rights in more detail, particularly the right to freedom of opinion, the right to maintaining relationship, and the right to support. In addition, new paradigm changes can be noticed in the Family Law Book which are in connection with the change of parent-and-child relations and the greater consideration of children’s rights and interests.
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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
110-128Views:161The 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.
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The role of lien holder in the judicial execution procedure
139-158Views:217Lien 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.
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The Transformation of Labour Law Litigation
162-176Views:253From 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.
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Protection of Marriage and Family in Central Europe
7-31Views:225It 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.
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Foreign Loan: Cross-border temporary agency work in Hungary, with special regard to the employment of third-country nationals
43-60Views:250The 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.
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Deepfake: a Blessing or a Curse? Legal Regulatory Aspects
157-178Views:211A deepfake is a video, audio or other content (e.g. image) that is completely or partially fabricated or created by manipulating existing, real content. Just as fake news calls into question the authenticity of real news, deepfake also calls into question the authenticity of real content. At the same time, deepfake has many advantages in addition to its often mentioned dangers. Following a historical overview of deepfake, the study describes these benefits and dangers, and then discusses possible legal responses after presenting tools for detecting deepfake.
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Fairness in the Taxation System
52-66Views:135Studying the fairness of taxation is not separable from the general emergence of the social fairness, but some features of its own could be determined. In this paper I examined the problem of the fairness of taxation and drew up the details of the optimal tax system. One single chapter was devoted to the analysis of the relation between the notion of fairness and equity and another was devoted to the analysis of the question of sameness, which is necessary for the understanding of the fairness of taxation.
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The Transfer of Contract on the Basis of Statutory Provisions: Novation or Succession?
7-27Views:191In 2016, the Act CLXXVII of 2013 on the Transitional and Authorizing Provisions related to the Entry into Force of Act No. V of 2013 on the Civil Code (’Ptké.’) was amended, with questions of interpretation arising regarding the transfer of contract on the basis of statutory provisions. Therefore, after a short period of rest, the transfer of contract, the novation, and their relationship again became the focus of the attention of both legal scholars and practitioners. After a short introduction of the legal provisions on the transfer of contract, the amendment of 2016 and its reasons are reviewed. Then, both the controversies that emerged in the judicial practice and the answers given by the Hungarian Constitutional Court and the Curia are examined thoroughly.