Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 47. évf. 2. sz. - 2006/2. sz.

A folyóirat a magyarországi jogtudomány eredményeinek közlésével, továbbá a magyar törvényhozás és jogi irodalom bemutatásával foglalkozik. A szerkesztőség, az egész közép- és kelet-európai jogtudomány áttekintése céljából, az utóbbi időben külföldi szerzők munkáit is publikálja.

ISSN: 1216-2574 (Print) 1588-2616 (on-line)
Megjelenés: évi 4 füzetben
Nyelve: angol
Főszerkesztő: Lamm, Vanda
Szerkesztők: Hans-Jörg Albrecht, András Bragyova, Manfred Burgstaller, Jacek Czaputowicz, Gábor Hamza, Tibor Király, Benoit Mercuzot, András Sajó, Tamás Sárközy, Jan M. Smits, Sienho Yee

Szerkesztőség címe: Acta Juridica Hungarica, 1250 Budapest Pf. 25
Tel.: (06 1) 355 7384
Fax. (06 1) 375 7858

Varga Csaba: Codification on the Threshold of the Third Millennium…91505t7k36q/?…


The core of codification is invariably the idea of a system in the law's composition and structuring, doctrinal reflection and conceptual building up, including judicial reference to codal definitions as well. Or, codification is (1) an exclusive body of law (2) implementing unity in its regulatory field (3) with logical coherence and consequentiality. The dream of a common European codification penetrates into the very heart of the law, presupposing the unification of all the intellectuality and underlying approach that has ever distinguished Civil Law and Common Law. The more the advancement of the European unification progresses, the more inverse the assessment of European codification becomes, making us its past trends, values and regulatory techniques reconsidered. That is, as if we on the Continent had not so much become statal national units unified by a sequence of national laws but, being too conceited of our most promising collective heritage within the transitory phase of an infantile disorder, became rather fragmented in national isolation from one another, which now comes eventually to a final end.

Lamm Vanda: Some Remarks on Reservations to Declarations of Acceptance…24385252717/?…


The essay concerns the reservations attached to the declarations accepting the compulsory jurisdiction of the two International Courts. As early as during the 1920s when States consented to the compulsory jurisdicition of the first World Court they attached limitations on, conditions or reservations to their declarations of acceptance. For these declarations, there were no rules whatever prescribing any sort of uniformity or similarity of content in any aspects, and States formulated more and more complicated restrictions to their declarations of acceptance. After the International Court of Justice had been established, States continued the practice of attaching reservations to declarations of acceptance and, moreover, increased the number thereof, “inventing” more and more complicated reservations. Quite a few of such reservations placed much more limitations on the Court's compulsory jurisdiction than the interwar declarations of acceptance had done and a no small part of them left loopholes of escape from the jurisdiction recognized. In analysing the problems of permissible reservations, the author refers to the rules and criterias developed in international treaty law on the reservations to multilateral treaties and to the jurisprudence of the two Word Courts. She concludes that the declarations of acceptance are unilateral acts and the States are free to attach any reservation to their declarations of acceptance.

Nótári Tamás: Comments on the Origin of the Legis Actio Sacramento in Rem…37h1g344271/?…


The legis actio sacramento in rem belongs to the most debated issues of specialised literature on Roman Law up to the present day. The literature on the subject would fill a whole library, only its approximative treatment would require a separate monography. When explaining the origins of the legis actio sacramento in rem one can distinguish several, more or less clearly isolated trends. The present study will regard the theory of oath and the theory of personal fight as the two most important. The fundamentally sacred character of the legis actio sacramento is emphasised by the theory of oath, according to which the principal aim of communal control could be the expiatio of the divinity retaliating the perjury, the sacramentum of the defeated party. This theory is also corroborated by the text of the vindicatio, appearing as the strictly formalised, religious-magical carmen. Although it is much older, the theory of personal fight is traced back to Jhering, and its essence is that in the beginning the parties actually fought against each other for the thing constituting the object of their controversy, but the community (the state), in order to preserve internal peace, brought the fight under its own control. Therefore, the fight, in the form of the legis actio sacramento in rem, as it is known today was enacted only symbolically, by employing the rod (festuca) instead of the spear (hasta). The aim of the present study is merely to highlight a possibility-based mainly on the primary sources and partly on the findings of the literature on the subject-which will not consider the motifs of sacrality and private fight contradictory in the structure of the legis actio sacramento in rem but will mingle them as organically complementing components.

Pap L. András: Criminal Justice and Ethnic Data Collection in Hungary…1u56460m545/?…


The paper analyzes ethnic data collection pertaining to criminal justice in Hungary. It shows that Hungary's approach to resist ethnic data collection by law enforcement authorities is not a good policy and it causes severe constitutional problems in other, non-criminal legal circumstances, where ethnic data is used in the context of additional rights and affirmative protection provided for ethno-national minorities. The paper follows a twofold analysis. First, it sets forth general problems relating to ethnic data collection, including a brief analysis of a uniquely Hungarian constitutional institution, the minority self-govern­ment structure. The focus of scrutiny then shifts to the criminal justice system, in particular the analysis of policing of racially motivated crime, and the question of police ethnic profiling.

Fenyvesi Csaba: The Legal and Criminalistic Aspects of Secret criminal technical Data and Information means of information Collection…843837l2576/?…


Kivonat nélkül

Kardos Gábor: Book review…3861795662w/?…


Lamm Vanda: A Nemzetközi Bíróság kötelező joghatósági rendszere [The Compulsory Jurisdiction of the International Court of Justice]. Közgazdasági és Jogi Könyvkiadó, Budapest, 2005. 331 p

Összes lapszám