Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 46. évf. 1-2. sz. - 2005/1-2. 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: Rule of Law between the Scylla of Imported Patterns and the Charybdis of Actual Realisation…v37841w54h0/?…


Nations of Central and Eastern Europe in the near past have all faced the same dilemma: how can they manage international encouragement to adopt atlantic patterns in promise of ready-made routes with immediate success, in a way also promoting the paths of organic development, relying on own resources and potentialities that can only be gained from tradition? Or, otherwise speaking, is it feasible at all to rush forward by rapidly learning all the responses others elaborated elsewhere at a past time? Or are they expected themselves to become Sisyphus bearing his own way, at the price of suffering and bitter disillusionment? The question was not raised by each country individually in the region as not much time was left for pondering in the rapid drift of events. Anyhow, cost-free solutions adopted from without may easily lead to adverse results, far away from expectations for the time being. The principles of free market, democracy and parliamentarism-with rule of law and human rights in the background-are usually believed to offer a kind of panacea curing the basic ills in the contemporary world. Generalised experience notwithstanding, social science has to be given the chance to record-if found so-that the same staff may not work at some places where it has just recently been transplanted as it is used to work amidst its natural surrounding in the western hemisphera, not with the same cost/benefit ratio at the least. For that reason, scholarship in Central and Eastern Europe is growingly aware of the fact that what it can provide is by far not marginal feedback but the very first testing and teasing proof on social embeddedness of some ideas and ideals, deservedly fundamental for the atlantic world. Realistically speaking, not even western social development is separable from the economic reserves of the development actually run. Or, operation of any societal complexity requires resources in both social organisation and material production.

Pavĉnik, Marian: The Transition from Socialist Law and Resurgence of Traditional Law…446108u7406/?…


In 1918, Slovenia became a constituent part of Yugoslavia. After the Second World War, Yugoslavia was reconstituted as a socialist state. When the attempts to turn Yugoslavia into a democratic country failed, Slovenia decided to become independent. As it is reflected in its new Constitution (1991), Slovenia is designed as a parliamentary republic, as a unitary state with local self-government and is strives to become a social state. During the transition from socialism, Slovenian law faced numerous challenges like the privatization of economy. The political and legal transition is still taking place. Hopefully, the entry to the European Union will give it new dimensions. Between the two world wars, Slovenian legal science was especially influenced by Austrian-German legal positivism; although the legal-comparative, sociological and axiological methods were important as well. After the Second World War, in some critical periods an apologetic legal positivism gained the upper hand in certain areas. On the other hand, new legal institutes and departments furthered the development of new sciences (criminology, sociology of law, political economy, public administration). New scientific areas emerged (comparative commercial law, comparative labour law and the law of the European Union). Some legal sciences (like criminal law) have been enriched by additional (sociological, axiological and comparative methods) methods.

Bódig Mátyás: The Political Character of Legal Institutions and Its Conceptual Significance…61l277q0t77/?…


The essay seeks to make contributions to the clarification of the conceptual relation between law and politics. It characterizes law as an institutionalized and normative social practice that makes authority claims on its participants. On this basis, legal institutions are defined as institutions that systematically seek to influence human conduct by providing authoritatively binding practical reasons. The essay claims that the elucidation of the conceptual features of legal institutions touches upon a series of issues of justification that belong to the realm of political philosophy. This makes concepts like political institution and political obligation relevant for conceptual legal theory. After an analysis of the concept of political institution, the essay claims that the concept of legal institution and the concept of political institution have the same applications. This conclusion is used in support of the main thesis of essay: legal institutions are to be treated as political institutions in conceptual legal theory. The essay also examines whether the conceptual framework outlined here can be compatible with a viable notion of political communities. The essay makes an attempt to clarify the relevance of the main thesis in respect to legal reasoning; it insists that the position taken here is unlikely to lead to some radical reorientation of legal reasoning.

Varju Márton: The Right to Effective Judicial Protection in Community Law : Intervention before Community Courts…285731t4h65/?…


The principle of fair administration of justice requires that formal restrictions on initiating procedures before courts correspond to the right to access to a court. Based on the rule of law-Community law shall ensure that its provisions on the administration of justice are in accord with the fundamental law requirements established in Community law. The provisions on intervention before Community courts contain certain restraints on access to a court that are worth scrutinising on a fundamental right basis. The aim of the paper is threefold. First, it wishes to recover the jurisprudence of Community courts interpreting the conditions of intervention. Second, it attempts to reveal the jurisprudence of the Strasbourg and Luxembourg courts on access to justice with respect to formal restrictions. Third, it essays to implement the access to court test on the restraints of access to justice in intervention.

Basa Ildikó: Re-Codification of the Civil Code? : Conception for Drafting the New Civil Code…26767h00138/?…


The paper may serve as a good practical guidance for a foreign reader to the conception of the new Hungarian Civil Code. After a brief historical review, and description of the drafting process, the paper summarises the principal issues addressed in the Conception of the New Civil Code ("Conception"). These are: the proposed structure is a comprehensive code, covering all ranges of matters that are related to civil law, including commercial law, family matters, labour law, company law, intellectual property and conflict of laws issues. Then the paper describes the most important specific amendment proposals in the various fields covered by the Code: introduction of a preamble, basic principles of the civil law, rules regarding legal entities, property rights, contract law, including liability, and finally in the field of the law on succession.

Nótári Tamás: On Some Aspects of the Roman Concept of Authority…p0825p2pq26/?…


When scrutinizing the concept of authority, presenting the basic definition of auctoritas, the capacity of increase and augmentation, Hannah Arendt appositely quotes the relevant passage by Cicero, according to which the task of founding the state, the human community, as well as the preservation of what has already been founded, highly resembles the function of the numen, the divine operation (Cicero, De re publica 1, 7. "Neque enim est ulla res in qua propius ad deorum numen virtus accedat humana, quam civitatis aut condere novas aut conservare conditas."); and in connection with this, she states that, from this aspect, the Romans regarded religious and political activity as being almost identical. The paper will examine various aspects of the numen, one of the most important phenomena of Roman religion (I.), its etymology (II.), the institution of the triumphus, a phenomenon seeming to be relevant from this point of view (III.), then the concept of numen Augusti, incorporating these elements of the religious sphere into the legitimation of power. (IV.)

Boóc Ádám: A Short Review of the History of the Hungarian Privatization…6508u468724/?…


This article is intended to give a short synopsis on the history of the Hungarian privatization, which has not been fully finished yet, but the most important aims however have been accomplished. As this issue is rather a complex one, having also legal and economic nature, one cannot avoid providing a short historical introduction from legal and economic aspects. Therefore the author also outlines the most significant elements of the changes in the system of the Hungarian ownership at the beginning of the 1990s, which can be featured as the transaction from planned economy into market-economy. After the introduction the author describes the most important steps of the Hungarian privatization, which can be summed up as follows: (i) stage of spontaneous privatization (1985-1989); (ii) stage of state-controlled privatization (1990); (iii) stage of state-"directed" privatization (1990-1991); (iv) stage of privatization under the SPA/-programmes (1991-1992); (v) stage of self-privatization (1992-1995); (vi) the "third" regulation of privatization, strategic privatization (1995-). The author also pays attention to the analysis of the relevant legal rules, which are or used to be in effect regulating privatization. The author also highlights that the law of Hungarian privatization cannot be thoroughly studied without taking into consideration the economic goals and economic characteristics of Hungary, as well.

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