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The Paper deals with the importance of the Slovak influence (the role of Hungarian law and Slovak commissions) in the and recodification of civil law in Czechoslovakia for the time period 1918-1948 using the example of inheritance law. Firstly, different approaches in private law legislation after 1918 are presented (discontinuity, compromise, continuity with Hungarian law, continuity with Austrian law). Secondly, attention is paid to the inspiration of Slovak (Hungarian) law in the course of the recodification of inheritance law, which together with family law was one of the areas differing the most in the Czech lands and Slovakia, while receiving the most attention in the literature of the time and compared to other areas of civil law, which also influenced the further legal development the most significantly (Slovak law, the preparation of the Civil Code of 1950, the interwar curricula of 1931 and 1936/37, as well as the preparation of the Civil Code of 2012). In particular, the issues discussed in the so-called Slovak commissions (the Commission for the Civil Law established in Bratislava in 1922 and partly also the Commission under the Justice Commission for the Codification and Unification of Civil Law established in 1946), such as the acquisition of inheritance, incapacity to inherit (crime against the testator, the status of members of religious orders, adulterers and deserters), waiver of the right of inheritance, oral will, testamentary succession, protection of the surviving wife, extraordinary right of inheritance of legatees, determining the value of the gift by collation, transfer of the testator's debts, contract of inheritance, war will, annulment of last will and testament and protection of illegitimate children. The ABGB was chosen as the basis for the recodification, which was only to be modernised (mainly the codification of Austrian law, its applicability to the majority of the population of the new state and its familiarity with Slovak lawyers were the reasons given for the preference of Austrian law), however, the law in force in Slovakia and Carpathian Ruthenia was also to be taken into account. However, the reality was different, and the comments of the Slovak Commissions were only marginally taken into account. The dismissive attitude towards Slovak law and, indirectly, towards Slovak lawyers was also one of the reasons why only partial unification took place in the interwar era and the Civil Code was not adopted in the end. Comprehensive unification of private law, which followed the interwar recodification (albeit to a limited extend), only took place after the communist overturn within the framework of the so-called legal biennium from 1948 to 1950, which took real account of the Slovak legal situation. [ABSTRACT FROM AUTHOR]

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Inheritance law in Europe has undergone considerable development and its roots can be found, as in most areas of private law, in the Roman law. The aim of the paper is to provide a brief comparison of the view of inheritance law and its content within the framework of the Roman law, the Medieval law and the contemporary Slovak law and Czech law, with an overlap into the intended recodification. We will be particularly interested in the view on the purpose of inheritance law in these different historical epochs and the possibilities of the disposition mortis causa in them. We will also point out how the approach to inheritance law affects the society in which it is constituted. We will also pay attention to those historical institutes of inheritance law that could be applicable within the framework of the planned recodification of the Slovak private law.

Self-employment has traditionally been regulated by the Civil Code, as a distinctive form of work apart from employment. This chapter strives to evaluate the labour law framework and labour market experience of self-employment. First, the Hungarian legal provisions on self-employment will be highlighted, including labour law, civil law and social security law. This will be followed by an evaluation of the available data on labour market trends regarding the various groups of self-employed workers, such as genuine and false self-employment, and economically dependent work. After this summary on employment data, the legal protection or scope of employee rights enjoyed by self-employed persons will be scrutinised. Finally, I will examine the Hungarian legal mechanisms to combat false self-employment. As a whole, the paper will provide a picture of the legal environment of self-employment with laws, trends and some evident flaws. I will strive to highlight the main driving forces behind self-employment and related labour law policy.

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As a cross-cutting area of law, labour law presents many difficulties in interpretation. Although legal interpretation issues are essentially dealt with in legal theory, the specificities of labour law raise a number of issues that need to be treated specifically from a labour law perspective. One feature of labour law, which practitioners and the literature no longer dispute, is that it mixes private and public law norms, which can provide a number of novae for research into the methodology of interpretation. Labour law is a status law, which is meant that it seeks to regulate exclusively the organized work of the human being. The interpretative horizon of labour law is affected by the fact that this area of law is regulated at several levels. While the classical private law framework is dominated by national sources of law, labour law is also extensively influenced by the products of European Union law. There is no doubt that the private law roots of contract-based labour law are still dominant, but there is a growing trend towards the use of legal interpretation methods derived from EU law, which is devoid of private law doctrine. There is often a conflict of terminology and interpretative methods between domestic and international law, including EU law, which cannot be resolved by classical methods. In light of the above, my essay will focus on the legal interpretation methods of labour law, with particular attention to both theoretical and practical positions. Among the methods of interpretation, I will examine their relevance and prevalence at the EU and national level, and attempt to draw conclusions from these findings for the sustainability of labour law. [ABSTRACT FROM AUTHOR]

The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differences to those used in the present civil law. Particular emphasis is placed on the examination and presentation of the institution of homagium, which had a medieval origin and constituted a specific instrument for obtaining compensation for non-pecuniary damage. It is compared with Polish (Code of Obligations of 1933) and Austrian (ABGB of 1811) regulations. The situation allows the author to show the variety of ways in which contract law has developed, especially concerning the pecuniary compensation of harm and pain. Employing comparative and historical methods makes it possible to highlight the timelessness of particular obligation law issues, showing its evolution in Central Europe in the last two centuries.

The author reviews mental disorder as a ground for divorce in the Czechoslovak Act No. 320 of 1919 Coll. This Act was called the Marriage Amendment and was in effect for the Czech countries until 1950. The author considers the wording of the Act itself, the explanatory report, jurisprudence, and the court practice. The author compares it to the Hungarian marriage law that continued to be effective in Slovakia until 1950. It was Act No. XXXI of 1894 (the so-called Marriage Act), which regulated divorces in Slovakia, despite adopting the Czechoslovak Marriage Amendment. The Hungarian Marriage Act did not recognise mental illness as a ground for divorce. However, it was a controversial topic in both legal environments, the Hungarian and Czechoslovak.

Among other factors, the state of danger (a verbatim translation of veszélyhelyzet in official documents) declared because of the pandemic has made life more difficult than before also for the parties involved employment relationships. The constantly changing legislative environment and the increased presence of COVID-19 have put employers and their employees in a difficult situation both from economic and human perspectives. In what follows, I intend to give an overview of the regulations related to working during the state of danger declared because of COVID-19 from the point of view of the employers' rights and authority, highlighting two important aspects: that of the institution of home office and that of the vaccinations. [ABSTRACT FROM AUTHOR]

The author reviews mental disorder as a ground for divorce in the Czechoslovak Act No. 320 of 1919 Coll. This Act was called the Marriage Amendment and was in effect for the Czech countries until 1950. The author considers the wording of the Act itself, the explanatory report, jurisprudence, and the court practice. The author compares it to the Hungarian marriage law that continued to be effective in Slovakia until 1950. It was Act No. XXXI of 1894 (the so-called Marriage Act), which regulated divorces in Slovakia, despite adopting the Czechoslovak Marriage Amendment. The Hungarian Marriage Act did not recognise mental illness as a ground for divorce. However, it was a controversial topic in both legal environments, the Hungarian and Czechoslovak. [ABSTRACT FROM AUTHOR]

The article describes the regulation of liability for non-pecuniary damage on the example of 19th century Hungarian law, which is based on a long, unbroken tradition, individual legal acts and customary law. Furthermore, the classification of torts and remedies in contemporary Hungarian law is analysed, highlighting their similarities and differences to those used in the present civil law. Particular emphasis is placed on the examination and presentation of the institution of homagium, which had a medieval origin and constituted a specific instrument for obtaining compensation for non-pecuniary damage. It is compared with Polish (Code of Obligations of 1933) and Austrian (ABGB of 1811) regulations. The situation allows the author to show the variety of ways in which contract law has developed, especially concerning the pecuniary compensation of harm and pain. Employing comparative and historical methods makes it possible to highlight the timelessness of particular obligation law issues, showing its evolution in Central Europe in the last two centuries. [ABSTRACT FROM AUTHOR]

The aim of my research is to carry out a problem-focused examination of the employment law aspects of age-based discrimination, a topic less frequently addressed in Hungarian legal literature so far, thereby exploring the anomalies inherent in the legislation as well as the resulting practice. Such research can help in adapting effectively to the challenges posed by the demographic changes currently taking place in our society. The fight against discrimination requires, above all, a stable regulatory background, which I undertake to present in the framework of this paper. The majority of age-based anti-discrimination legislation are at supranational, primarily EU level; however, in the course of my analysis, naturally I will also deal with Hungarian legislation. [ABSTRACT FROM AUTHOR]

Ever since the first application of DNA analysis in criminal casework in 1992, the conditions under which forensic DNA analysis is performed within the Hungarian law have been developed and subsequently approved, in parallel with the establishment of a national database report of forensic DNA. Act XLVII of 2009 (on the Criminal Records System, on the Records of EU Member State Court Rulings against Hungarian Citizens as well as on the Records of Biometric Criminal and Law Enforcement Data) constituted the legal framework for this. Moreover, Act XXIX of 2016 (on Judicial Experts), Act CXII of 2011 (on the Right of Informational Self-Determination and on Freedom of Information), as well as Regulation 12/2016. (V.4.) of the Minister of Interior (on Rules of Taking Fingerprints, Palm prints, Photographs and DNA samples), as well as the Provisions of 31/2008. (XII. 31.) of the Minister of Local Government (on the work of forensic experts, respectively) went on to specify the professional requirements necessary for forensic DNA analysis. The regulations of the EU must also be taken into consideration. Of particular significance, are the escalations undertaken by the EU for the purpose of combating transnational crime as developed in the Prüm Treaty, and, under Council Decision 2008/615/JHA and Council Decision 2008/616/JHA, became ratified into its partial transformation into an EU-wide tool for cooperation. The General Data Protection Regulation (GDPR) has also introduced a new and seemingly far-reaching exemption to the general prohibitive conditions applied to the processing of genetic data. The question of whether, and which kind of, consent is required remains left to other applicable EU and national laws. The aim of this study is to provide an overview on how Hungarian legislation of forensic DNA has changed over the past 27 years, to illustrate the current legal context in addition to providing a conceptual theoretical framework for future legislation, including the rules of forensic DNA typing and legal regulation connected to DNA-databases. [ABSTRACT FROM AUTHOR]

Currently, there is a big discussion about judicial activism in continental legal systems. This phenomenon is rather negatively described, as the breaking the fundamental principle of separation of powers. In this paper, it will be demonstrated that, although Hungary belongs to civil law system, where judges are not allowed to be a lawmakers, actually they do make law. In Hungarian law, there is a great number of cases when judges evidently make law. What is more, their activism has a very positive impact on the whole legal system; judges make law more just and uniform, and at the same time enhance its certainty. In the following parts of the paper, it will be described the lawmaking role of judges, particular inlegal fields such as: civil law, criminal law, labor law etc.

Copyright of Cracow Studies of Constitutional & Legal History / Krakowskie Studia z Historii Państwa i Prawa is the property of Jagiellonian University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper explains the methodology applied in the edition of historical legal sources of major importance for the 19th and 20th centuries Slovakia -- the edition of the Provisional Judicial Rules ("PJR") of the Judex-Curial Conference of 1861. At the Conference, legal scholars and politicians adopted a decision to abandon the previous twelve years of neoabsolutism and centralism introduced by the Austrian law, and opted for a renewal of the traditional Hungarian legal system with some changes introduced by the laws of March 1848 (the March Constitution of 1848). At the same time they retained some rules of Austrian origin and created some rules that were entirely new, particularly in the field of civil procedural law and inheritance law. While evaluating the legal nature of the PJR, the literature used to claim that they never became law because Parliament of 1861 was not created legally (representatives were not elected under the electoral law enacted as part of the March Constitution of 1848) and because the monarch, Francis Joseph I, had not yet been crowned (his coronation took place in 1867). Therefore the legislative process could not be successfully completed. The only solution that was reported to was the recognition of the exceptional situation which dominated in Hungary between 1861-1867 -- It was the period between neoabsolutism and another provisorium, a period of "limited constitutionalism". Under such conditions it was not possible to meet the formalities of official legislation process. Thus PJR could become binding only de facto -- through the power of persuasion. However, after a corpus of case law began to consolidate during several years, it could be argued that the PJR was transformed from the actual source of judicial decision-making into customary law. [ABSTRACT FROM AUTHOR]

In the Kingdom of Serbs, Croats and Slovenes existed six different legal territories. Legal particularism that existed in the common state of Serbs, Croats and Slovenes was one of the major problems in state that caused many problems in the everyday life of citizens. One of the main goals of the authorities was to execute equating of laws. Special shortened procedure for equating of laws was established by the St. Vitus' Day Constitution. In the territory of Vojvodina mainly were valid Hungarian laws. Illegitimate children were in a inferior legal position than children born in wedlock according to the laws that were in force in the territory of Vojvodina. Illegitimate child was in kinship only with its mother. Non-marital children could be equated with children born in wedlock in two cases prescribed by law: if parents of illegitimate child enter marriage later on, or pursuant to the Royal Decree. The legal position of non-marital children was one of the outstanding social issues in the state that had to be uniformly resolved. [ABSTRACT FROM AUTHOR]

The article presents the issue of judicial decisions and court practices concerning criminal cases in Hungary in the years between 1879 and 1918. The first part contains a brief overview of Hungarian criminal law's evolution in the 19th century with a strong emphasis on the milestone being the implementation of Csemegi's Criminal Code of 1880. For example, whereas in the period before the codification court rulings often included penalties or repressive measures of Catholic origins, the new code modified the Hungarian criminal law to a great extent. The studies of the records of the Royal County Court of Kaposvar have enabled the author to present a reader with the picture of a woman -- offender, and a woman -- vitim characteristic of Hungary at the end of the century. The article presents, inter alia, statistics related to the sex of an offender, and particularly problematic questions concerning cases of abortion, infanticide, rape or adultery. The analyzed judicial decisions show particular court practices characteristic of some cases, for example those of adulteresses, that lead to significant deviation from the normative content of Csemegi's criminal code. [ABSTRACT FROM AUTHOR]

This paper discusses the different models of appointment applied for constitutional judges in Europe, taking into consideration also the appointment procedure of the two European regional courts. It offers an account and a comparative analysis of the three appointment models: the split, the collaborative and the parliamentary model, discussing their practical application and shortcomings. In particular, the paper deals with the question of how to avoid standstills in the different appointment procedures and with the publicity of these procedures. The author concludes with a proposal for the Hungarian Constitutional Court, arguing that the split model is the one that ensures better that the composition of the Court expresses a balance between the branches of government. [ABSTRACT FROM AUTHOR]

This paper intends to describe what happened in the Hungarian Criminal Procedural Law in the last decade. Following the most significant changes we can have an impression of tendencies which have influenced the recent amendments. We can realise that requirements formulated in documents adopted by international organisations (first of all the European Union, the Council of Europe) are more and more decisive in the field of criminal justice as well. [ABSTRACT FROM AUTHOR]

This paper is a little bit unusual. Questions were put by the organisers of the conference in order to obtain information about the practice of administration of law and elaboration of legal norms. The central problem touched by the studies prepared for the conference is the uniformity of legal practice. The author tries to describe shortly the Hungarian solution answering most of questions but using a partly modified structure: when information would have been similar concerning different questions she joined them together. Topics of the questionnaire partly cover problems the author has discussed in her lecture last year. [ABSTRACT FROM AUTHOR]

The article discusses the legal system in Hungary which focuses on the prohibition of reformatio in peius, a legal term which means that a decision from a court of appeals is amended to a worse one. It mentions that prohibition of reformatio in peius is beneficiary for the accused during the process of the appeal and is considered irrelevant in the case of a remedy filed against the defendant. It also mentions several issues including the requirements in order to be declared as an appeal against a defendand, how a defendant can be declared guilty and a case law regarding the prohibition of reformatio in peius prevailing in a retrial process.

This article discusses the legal system of Hungary that focuses on the administration of law in criminal matters. It mentions issues regarding the uniformity for administrating the rules of criminal law and criminal processes at national and international level. It notes that inorder to provide a unified legal system across national and international level, connection between legislation and judicial powers and the function of the judicial bodies along with their law-interpretation should be considered.