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• Opinion or statement of fact?

  48-68

  László Pribula

  Views:

  273

  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.

• Human Rights as Fundamental Sources of Patients’ Rights in Light of the Development of Hungarian and German Laws

  157-168

  János Márk Kiss

  Views:

  267

  Medical practice affects human life and health, which are not just some of the key social values, but actually express the existence of a human being. Therefore, it is a requirement to set the legal standards to guarantee the preservation and respect of human rights during medical treatment. Patients’ rights provide specific types of human rights in the area of patient care. The German legal system grants the preservation of these rights in a contractual framework that cannot be breached. In Hungary, patients’ rights are listed in the Public Health Act. Despite the diverse methods in regulating patients’ rights, the underlying public policy considerations are the same in both systems. The goal of this study is to provide a comparative analysis on the development of the German and the Hungarian regulation of patients’ rights focusing on the consideration of human rights.

• The Right to Maintain Contact within the Context of Fundamental and Personality Rights

  Anna Szendrői

  Views:

  682

  It 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.

• Some Legal Challenges of Digital Inheritance with Special Regard to Privacy

  84-98

  Petra Schubauer

  Views:

  295

  Digital inheritance, because of its complexity, cannot be considered uniformly. The elements of digital inheritance which can be considered as property are regulated by the law of succession. The personal elements of the digital inheritance are regulated by the right in memoriam and data protection laws. In the current Hungarian legal system the amendment of Act no. CXII of 2011 on the Right of Informational Self-Determination put the post-mortem privacy principle into regulatory form, in addition to the right to respect for the deceased which provides legal protection against violation of the memory of a deceased person.

• 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:

  186

  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.

• One step back. The Hungarian Constitutional Court’s decision about the Liability of Commenting on the Internet

  142-150

  Éva Balogh

  Views:

  192

  Restrictions on the freedom of expression have been subject to mixed and constant debates. The debates are increasing in the case of free speech on the internet. In the recent past the Hungarian Constitutional Court had to examine this problem and contribute to the discourse. This article presents decision 19/2014 of the Hungarian Constitutional Court concerning the freedom of expression on the internet. The subject-matter of the case was the liability for the comments. The study intends to show the arguable points of the Court’s reasoning.