Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 45. évf. 3-4. sz. - 2004/3-4. 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

Sajó András: The Impacts of EU Accession on Post-communist Constitutionalism…p41853u6536/?…


One of the persistent fears regarding the accession countries envisions that these countries will not catch up with the prevailing practices of constitutionalism and the rule of law that allegedly constitute the common tradition of Europe. It is believed, and in many regards rightly so, that accession to the Union will push Eastern Europe towards the values and institutional settings of modernity. Given the process and political consequences of the accession, as well as for other, historical and cultural reasons, the short term modernization effects of the membership might be limited, even counterproductive. This paper discusses the impact of the current "Europeanization" on the public understanding and institutional structures of constitutional democracy in the new member states. Further, it evaluates the foreseeable impacts of the emerging European Constitution on the constitutional structures (the new checks and balances) in the new member states, except the human rights aspects of constitutionalism.

Sándor István: The Place and Role of Company Law in the Codifications of West-European Commercial Law During the 19th Century…k6084421775/?…


The present study tries to summarise the role of company law in the codification process of civil law and commercial law. First, the study attempts to find the general features of the codification of company law summing up shortly the general history of company law. Later on the study describes the history of company law and commercial law in several Western-European countries. As a matter of fact the study deals with France, Italy, Spain, Portugal, Greece, Netherlands, Belgium, Germany, Austria, Switzerland, England. The study tries to grasp the common characteristics of the legal development in the foregoing countries. The study also stresses the common features of the different forms of company and describes the way how the various forms of company were separated. The study pays high attention so the influence of company law on the development of civil law and commercial law. The study takes into consideration the comparative legal approach while describing the history of company law in the Western European countries.

Gdulewicz, Ewa - Popławska, Ewa: National and Ethnic Minorities in Poland-the Legal Problem of Definition…2vr60m8932p/?…


The Polish Constitution adopted on 2 April 1997, for the first time after the war, contains a provision dedicated exclusively to protecting national and ethnic minorities, however without a definition of those two categories. The legislator extended the rights of national and ethnic minorities beyond those identified in the Article 35. The extension of such rights also results from international agreements. Thus far there is no statute regulating in a comprehensive and complete manner the situation of national and ethnic minorities (the Constitution does not make its adoption mandatory), the legal regulations concerning these issues are dispersed. The problem of legal definition of the national minority appeared in connection with the initiative of the formal recognition of the Union of People of Silesian Minority. Its application has been rejected by Polish courts for the reason of non-existence of such a minority and for the attempt of abuse of the electoral privilege granted to national minorities. The Supreme Court's position has been confirmed by the Chamber and then by the Grand Chamber of the European Court of Human Rights. However the 2002 national census revealed a new phenomenon of the Silesian minority: 3% of the inhabitants of the region declared their affinity to Silesian nationality.

Nótári Tamás: Summum Ius Summa Iniuria : Comments on the Historical Background of a Legal Maxim of Interpretation…2657924190u/?…


Interpretation based on maxims of legal logic occupies an honourable place among the possible methods of legal interpretation; this being done most frequently using basic concepts originating from the classical period of Roman law, which faciliate orientation among contradictory decrees and help to clarify the meaning of legal rules. The following principles belong hereby, widely known in Modestinus's formulation but dating from the period of the leges XII tabularum: "lex posterior derogat legi priori",the Papinian "lex specialis derogat legi generali", and the "lex primaria derogat legi subsidiariae". It is a basic interpretive principle, that the legal rule should be interpreted in its integrity, not by extracting certain parts of it. The following the letter of the law often leads to its evasion. During the interpretation one should take into account the legislator's intention. If this is doubtful, the more lenient solution should be preferred. All these ideas can be traced back into a highly philosophical, Celsian principle, which is-also widely accepted in contemporary legal thinking. It-declares the vocation of the Law to implement Justice, according to which "ius est ars boni et aequi", the Law is an art of the Good and the Just. Out of these, the procedure called in fraudem legis is connected to the statement that enforcing the letter of the law often leads to inequity contradictory with the spirit of the law, i. e. injustice. Cicero also quotes this proverbium, already widely spread in the age of the Republic, which remained in use in his formulation until today: "summum ius summa iniuria", i. e. the utmost enforcement of the law leads to the greatest injustice. The present paper has a modest aim. It does not offer a general survey, but rather an introspection into the problem. First it enumerates the occurences of this proverb in the sources of Roman literature (I.), then it sketches the development and semantic changes of the concept of interpretatio (II.), next it investigates the meaning of summum ius in the relation of the ars boni et aequi principle and the concept of Justice in legal sources and Cicero's works (III.), in the end it will consider the further reaching consequences of this proverbium in Adagia by Erasmus of Rotterdam, one of the most important humanists (IV.).

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