Acta Juridica Hungarica最新文献

{"title":"Remarks on the creation and the prologue of Lex Baiuvariorum","authors":"T. Nótári","doi":"10.1556/AJUR.55.2014.4.3","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.4.3","url":null,"abstract":"Lex Baiuvariorum is Bavaria’s most important and earliest source in terms of legal history. This paper deals with the history of the creation of Lex Baiuvariorum. More specifically, dwelling on the issues of dating of Lex Baiuvariorum (I), possible connect ions between the content of the narrative in the Prologus and the process of making the code of laws (II), significance of the first two titles of the code in terms of dating (III) and problems arising with regard to the process of editing Lex Baiuvariorum (IV).","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133442343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Economic relations between the European Union and Peru: Analysis of the Free Trade Agreement","authors":"Antonio Manrique de Luna Barrios","doi":"10.1556/ajur.55.2014.3.4","DOIUrl":"https://doi.org/10.1556/ajur.55.2014.3.4","url":null,"abstract":"After a long time of negotiation and preparation, the Free Trade Agreement between Peru and the European Union finally entered into force on the 1st of March 2013. This Free Trade Agreement will bring changes, challenges and new opportunities for the European Union and Peru. Peru will have access to the European market and the European Union can count on a new strategic partner in Latin America in terms of business relations. The Free Trade Agreement will help both parties strengthen their economic importance and position in the global scenario.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133861970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The fight against financing terrorism: New challenges and developments in Hungarian law","authors":"G. Kovács, P. Nyitrai","doi":"10.1556/AJur.55.2014.3.2","DOIUrl":"https://doi.org/10.1556/AJur.55.2014.3.2","url":null,"abstract":"The relevant Hungarian legal regime has been driven by the implementation of anti-terrorist sanctions brought by the United Nations Security Council (hereinafter: UNSC) and the European Council, the relevant domestic legislation has never been infl uenced by local experience. The relevant EC Regulations (e.g. 88 1/2002 and 2580/2001) are self-executing in Hungary (as in all EU member states). The relevant United Nations Security Council Resolutions (UNSC resolutions) 1267 and 1373 in relation to the freezing of non-banking/ fi nancial assets needs domestic implementation. The sanctions of the UN relevant bodies (qua non-self executing international rules) are formally only binding the states and not, so to say, the fi nancial institutions that will eventually freeze the accounts, it is obviously the state who is bound to simultaneously bear responsibility for keeping its international obligations and uphold internal rule of law.1 The pure administrative “black listing” procedure in Hungary is fully based on the blacklist of UNSC and the Council of the EU. The procedural and substantive standards currently applied in the international black listing procedure and its national implementation do not fulfi ll the minimum standards of the fundamental principles of human rights and the rule of law either. Hungary is facing the problem how to implement the various sanctions regimes whilst respecting their international obligations under the European Convention on Human Rights (hereinafter: ECHR) and the UN Covenant on Civil and Political Rights (hereinafter: UNCCPR) and how to implement procedural and substantive improvements aimed at safeguarding individual human rights and the rule of law, as a matter of credibility of the international fi ght against terrorism, in particular an appeal mechanism against sanctions imposed by United Nations and European Union bodies. It is important to defi ne the social context in which legal regime imposed by the UNSC, the EU and the Hungarian Government, aimed at freezing assets and fi nancial","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125763069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The resurrection of field warehousing","authors":"T. Tajti","doi":"10.1556/AJUR.55.2014.3.1","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.3.1","url":null,"abstract":"Irrespective the many secured transactions reform projects around the globe, field warehousing as a peculiar constructive pledge-based (or pledge by bailment) security device, and what it may offer especially to emerging markets, has largely escaped attention. The few international projects that devoted some attention to warehousing as a financing method were almost invariably limited to public (terminal) warehousing or have canvassed an incomplete picture about this many-faced security device. Scholarly neglect is characteristic also to the United States (US), where field warehousing as a security device has had presumably the richest history yet has declined after the adoption of the unitary Article 9 system of the Uniform Commercial Code by the States. In new forms, adapted to the changing business needs, however, the industry has survived to date. While what is of little importance in the US, should be invaluable to reform systems, which could enormously profit from the US experiences yet by taking a look not only at contemporary but more importantly on earlier law as well. English law, as another leading financial law system and thus a model for others, is taken a look at because it knows not about field warehousing. The conventional yet not fully explored justification is the earlier recognition of the floating charge in England compared to its kin on the other side of the Atlantic. The article counters this argument by juxtaposing not just the US but also the more recent Hungarian developments corroborating that floating securities and field warehouses are not mutually exclusive. This seminal article aims to remedy the hinted at cognitive gaps in comparative scholarship by revisiting the pertaining US law, reflecting on the English position and uniquely juxtaposing the parallel recent Hungarian experiences with field warehousing. The heightened importance of this analysis is linked also to the continued interest in the reform of secured transactions laws (recently also in Africa and China), and the unsatisfactory economic output of such recently reformed systems as those of Central and Eastern Europe (CEE) — well reflected in the third in-depth revamping of Hungarian secured transactions law by the new Civil Code of 2013.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121485268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The use of foreign precedents by constitutional judges","authors":"A. Jakab","doi":"10.1556/AJur.55.2014.3.6","DOIUrl":"https://doi.org/10.1556/AJur.55.2014.3.6","url":null,"abstract":"","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121893126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The European Groupings of Territorial Cooperation developed by administrative structures in Romania and Hungary","authors":"C. Săraru","doi":"10.1556/AJUR.55.2014.2.5","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.2.5","url":null,"abstract":"This study aims to firstly develop a brief review of the creation and functioning of the European Grouping of Territorial Cooperation (EGTC), highlighting the role of the EGTC in respect of its contribution to the harmonious development of the whole European Union through the strengthening of economic, social and territorial cohesion. The article highlights recent changes in EU legislation governing the EGTC and analyses the infl uence that there is in choosing the State where a Gro uping will be located, and the applicable law. Subsequently, the article outlines the contribution of those EGTCs — constituted by municipalities in Romania and Hungary — to regional sustainable development. Utilising a cross-border EGTC is a way of promoting of better neighbourliness, and stimulating balanced economic development and social stability by harnessing local resources and regional joint projects. At the end of the article I stress the need for cross-border cooperation between Romania and Hungary in developing serv...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129505218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"National treatment in international trade and investment law","authors":"I. Galea, Bogdan Biriș","doi":"10.1556/AJUR.55.2014.2.7","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.2.7","url":null,"abstract":"The objective of the study is to make a comparison between the standard of national treatment in international investment law and the standard of national treatment in WTO law. Even if similar issues may appear under EU law, the focus of this study is international investment law and WTO law. We will look at international treaties, legal writings and judicial sources (arbitral awards, and panel or Appellate body decisions) in order to establish the similarities and differences are between the two standards of treatment. The study will aim to provide a clear analysis of article 3 paragraphs 1–3 of GATT (General Agreement on Tariffs and Trade) as well as different provisions contained in investment treaties, in reference to the standard of national treatment. The study hopes to offer some guidance on how the two standards of treatment relate to one another, which could prove very helpful for different national and international organizations and institutions when negotiating Investment Treaties or Free Trad...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"163 20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115573553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The changing judicial patterns in Central Europe","authors":"C. Varga","doi":"10.1556/AJUR.55.2014.2.1","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.2.1","url":null,"abstract":"By the fall of Communism, also the past of Central and Eastern Europe is mostly hold eradicated, albeit it cannot but steadily survive in sublated mentality. On the field of l aw, this is expressed by the continuity of text-centrism in approach to law, with the law’s application following the law’s letters in a quasi-mechanical way. Consequently, what used to be legal nihilism in the Socialist regime has turned into the law’s textual fetishism in the meantime. This is equal to saying that facing the dilemma of weighing between apparently contradictory ideals within the same Rule of Law, justice has in fact been sacrificed to the certainty in/of the law in the practical working of the judiciary. Especially, constitutional adjudication mostly works for the extension of individual rights while the state as the individuals’ community is usually blocked in responding challenges in an operative manner. Situation in Poland, the Czech and Slovak Republics, Baltic Republics, as well as Croatia is surveyed through ...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134369348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Handling of facts in Cicero’s speech in defence of Quintus Ligarius","authors":"T. Nótári","doi":"10.1556/AJUR.55.2014.2.2","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.2.2","url":null,"abstract":"After the battle of Thapsus that took place on 6 April 46 Caesar kept delaying his return to Rome for a long while, until 25 July — he stopped to stay on Sardinia — and this cannot be attributed fully to implementing measures and actions necessary in Africa since they could have been carried out by his new proconsul, C. Sallustius Crispus too. The triumph held owing to the victory in Africa — in which they carried around representations of the death of M. Petreius, M. Porcius Cato and Q. Caecilius Metellus Pius Scipio Nasica — must have further grated on the nerves of the aristocracy of Rome, because it was meant to symbolise Caesar’s victory both over Iuba and the senate. It was after that that Cicero broke his silence and delivered Pro Marcello in the senate, which was both oratio suasoria and gratiarum actio for the pardon granted to Marcellus, by which Caesar wanted to assure the senate of his benevolence and wanted to show off his power by his autocratic gesture. Pro Ligario delivered in 46 has been ...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124859723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Principles of the exercise of the European Union competences","authors":"Emilian Ciongaru","doi":"10.1556/AJUR.55.2014.2.3","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.2.3","url":null,"abstract":"The fundamental principles involved in construction of the European Union are at the basis of establishing the prerogatives of the European Union and its Member States. The objective of this study is to present and analyze the evolution of matters that have been taken into account when delimiting the area of competence of the European Union in relation to Member States, as well as to determine the relationships between them, and furthermore establish the manners of settling potential misunderstandings as a result of the activities performed by their bodies. For this purpose, the evolutions of the constitutive treati es of the European Union have been studied, especially the Maastricht Treaty, as it was this one that established the initial distribution of prerogatives between the European Union and Member States. The results of the study consist in an analysis of the exercise of the Union’s prerogatives considering that, currently, through the amendments made to the Lisbon treaty a precise classification ...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114502070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}