Search

Search Results

• Reflections on the validity of exculpatory clauses in light of Section 6:152 of the Hungarian Civil Code

  9-24

  Réka Pusztahelyi

  Views:

  206

  Section 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.

• Crimean Secession in International Law

  9-28

  William R. Slomanson

  Sándor Szemesi(Translator)

  Views:

  325

  This article provides detailed insights into the validity of remedial secession, the two major judicial opinions that have addressed it (Kosovo advisory opinion by the International Court of Justice, and the Quebec Secession Reference case decided by the Supreme Court of Canada), and the steep, but evolving, path to legitimacy it may now be travelling. This article does so within the context of Crimea’s secession referendum, declaration of independence, and de facto statehood, and Russia’s annexation of Crimea. It covers the international community’s reaction to these events – and the disparity among academic reactions to the vitality of remedial secession. It traces the UN General Assembly’s 2014 Crimean debate – concluding that it is the most authoritative referee for judging Russia’s claim to the validity of the Crimean secession.

• Possessing Special Expertise: Review of the Book “Current Challenges of Expert Evidence”

  221-224

  Orsolya Eszter Kovács

  Views:

  81

  The book titled "Current Challenges of Expert Evidence” by Mónika Nogel published in 2020 is reviewed in the present article. The review focuses mainly on the author’s thesis which restores confidence in forensic expert reports by constructing the definition of credibility and its criteria.

• The General Theory of the State and the Relativity of the Force of Law – Comment on the Theory of Georg Jellinek

  53-72

  Péter Sólyom

  Views:

  172

  This paper makes an in-depth examination of the theory established by Georg Jellinek who – extending the perspective of the jurisprudence of state law based on legal methods – was concerned with issues of public law within the frames of general theory of the state. The author will demonstrate the claim that the special concepts of Jellinek’s general and descriptive theory – like the „presupposition of factual validity” or the idea of the „state’s self-obligation to law” – are the results of Jellinek’s idea that there were no alternatives to the institutional system of the constitutional monarchy.