Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 43. évf. 1-2. sz. - 2002/1-2. 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

Harmathy Attila: Hungarian Civil Law since 1990…x6430m5316n/?…


The paper outlines some trends in the development of Hungarian civil law since the political changes. The role of certain social factors having an effect on civil law and trends in court practice are focused upon. In the law of torts the decline of the respect of the State seems to have an importance in recent chases. In the field of contract law problems connected with different kinds of risks are reflected. Both property law and contact law have been concerned in cases where principles of the protection of the owner and those of the protection of bona fide purchaser has been in contradiction. As a result of the growing importance of credit the role of secured transactions has increased.

Kálmán György: The Problematics of Economic Law in the Works of Gyula Eörsi…t157l104003/?…


The essay deals with the debates in Hungary concerning economic law at the beginning of the 1950s. At the time when socialist law penetrated into Hungary, many raised the issue whether economic law could be the adequate branch of law in socialist law. However, as the concept of economic law was defeated in the Soviet Union at the late 1930s, economic law could not be carried on even in Hungary. The essay provides a survey of the fights concerning Hungarian economic law, with special regard to the works of Gyula Eörsi.

Peschka Vilmos: Gyula Eörsi: Philosopher of Law…70276755r42/?…


The essay presents and praises the legal philosophical aspects of the works by the civil law jurist, Gyula Eörsi. It pays attention especially to the analyses in his works on civil law that concern issues of legal theory and legal philosophy, let alone his par excellence legal philosophical treatise title "Jog - gazdas´g - jogrendszertagozód´s" (Law-economy-structure of the legal system). The present essay analyses the "external" and "internal" points of view by which Eörsi explored the relation of law to economy, the reflective relationship of content and form in respect to oaw, the complexity of legal phenomena, the internal and external complexity of law as elucidated by Eörsi, and, finally, the legal system and its structure on the bases of legal philosophical aspects and an approach of legal philosophy.

Sajó András: Promise and Contract : On the Limited Role of Social Ideas…v7g48102168/?…


The essay is devoted to the role of promise as a moral concept, and, more narrowly, the relationship of promise and offer in contract law. First, it considers the difference between "ordinary" promises and promises having a legal effect. Secondly, the analysis explores to what extent does promise generate obligation. Thereafter, the essay attempts to point to the concept of obligation that provides the best way to establish the moral force of contract. It reaches the conclusion that the relationship between promise as a moral category and facts treated as promise in law is almost accidental. Law is at least indifferent to factors that give rise to moral obligation based upon a promise. However, law (emancipated from the dictates of morals) served freedom better than legal norms formulated in morally coloured terms.

Sándor Tamás: Take-Over Legislation in Hungary…l117l82v1t1/?…


In the first part of the paper, the author provides an extensive analysis of the take-over regulation of 1997, the first of this kind in Hungarian law. The author examines the relationship of take-over and antitrust law pointing out the ambiguities of the regulation of 1997. The second part of the paper is dedicated to the recent Hungarian take-over regulation of 2001, containing more strict and detailed rules at the same time increasing the regulative competence of the government agencies considerably. The paper concludes on a note of doubt concerning the reasonableness of such an powerful extension of state regulation. The relationship between the rules of company law and securities law governing the acquisition of shares of Hungarian public companies is an important problem of legal dogmatics. Since the acquisition of shares is an issue essentially governed by company law, the decision of the legislator both in 1997 and in 2001 to include the rules concerning take-over into securities law (thus rigidly separating them from the rules of company law) must be considered unreasonable. It is argued that the fundamental problematic of the new regulation is that the purport and the signification of the take-over legislation receded in the process of recent legislation to give way to the prevalent and unjustifiably omnipotent requirements of rigour and "restoration of order". The author, however, admits that the Hungarian legislation has adopted rules very similar to other European jurisdictions.

Sárközy Tamás: Shareholders' Agreements…39325534767/?…


The essay deals with the syndicate contract functioning as a preparation to partnership contract or a skeleton agreement. The syndicate contract, as an atypical-innominate contract, also evolved in the Hungarian legal practice concerning major companies. The essay distinguishes the syndicate contract from agreement in principle (in the Hungarian Civil Code). It discusses in details the problems of joining the syndicate contract at a later stage, the collisions of syndicate and partnership contracts and their consequences. In analyses the consequences of the breach of syndicate contract.

Sólyom László: The Rights of Future Generations, and Representing them in the Present…1mx3818k627/?…


The Védegylet, a civic organisation for environment protection presented 1990 a private draft for an Act on the Ombudsman of Future Generations. In this article the author of the Draft Law describes the background to the Law. After a short survey of the development of the idea of a guardian of future generations in international law the author discusses whether future generations can have "rights" and whether future interests can be anticipated. The article raises structural questions of the proposed ombudsman (who represent whom, before what institution) and points out the differences between the existing ombudsmen defending individual rights and the speaker of future generations, the latter being rather a representative of environmental interests and a mediator. Finally the author shows how the Hungarian Constitutional Court created favourable conditions for introducing the new institution.

Vékás Lajos: The Foreseeability Doctrine in Contractual Damage Cases…091475275x3/?…


This study makes the proposal to introduce the contract remoteness test into the Hungarian civil law as a principal restriction on compensatory damages. The author sums up the development of the reasonable contemplation test in the English common law first formulated in Hadley v. Baxendale. He compares it with Art. 1150 of the Code civil, Art. 252 of the German BGB and Art. 74 of the Vienna Sales Convention, before making his proposal for the new Hungarian Civil Code.

Weiss Emília: Remarks on Certain Aspects of the Codification of Family Law…5286x6157tk/?…


In 1998 the government of the Hungarian Republic decided that a new Civil Code is to be drafted. In 2000 the Main Committee of Codification issued guidelines for the new Civil Code, determining, among others, that the new Code is to be cast into separate books, after the model of the Dutch Civil Code, and that one of these separate books is to be devoted entirely to family law, i.e. a branch of law which has been enunciated in a separate Act since 1952. The present study examines some of the topical questions raised by a reform of family law in general, and the relevance of the above considerations to such an undertaking, in particular. The author makes a few proposals concerning the determination of independent principles for the family law materials which are to be included in the Civil Code, raises and discusses a number of questions in the area of marital property law which are in need of regulation or re-regulation, and discusses a few questions of child-parent relationships and of a reform in children's rights as related to some of the requirements enunciated in the U.N. Convention of Children's Rights.

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