Díké - A Márkus Dezső Összehasonlító Jogtörténeti Kutatócsoport folyóirata

Remembering Cold Days

2023-08-18T17:25:16+02:00

“Remembering Cold Days” is a book on the changing meanings of the 1942 massacre of Novi Sad. It answers questions about what we know and do not know about this specific war crime today and, most of all, how different individuals and communities have been remembering and interpreting the events since 1942. It also focuses on the changing international context – the massacre was one of hundreds of similar war crimes that marked World War II as one of the worst conflicts for civilians – and the various political regimes which altered the framework for these memories and interpretations. It further looks at a series of trials related to the massacre and the public debates in Hungary, Yugoslavia and elsewhere instigated by a popular novel and film since the mid-1960s. Finally, it analyzes how the end of communism in 1989 and the Yugoslavian wars of the 1990s changed the perspectives on the perpetrators and victims of 1942.

A jogfosztás elmélete és gyakorlata a Horthy-korszak második felében és az NS-rendszerben

2023-08-19T22:05:00+02:00

Nationalsozialismus in transnationaler Perspektive mit Schwerpunkt auf den deutsch-ungarischen Rechtsbeziehungen

2023-08-19T21:45:04+02:00

Report on the Family Law Workshop VI

2023-08-19T21:54:20+02:00

Kutatni, feltárni, megőrizni

2023-08-12T07:08:25+02:00

Béli Gábor szakirodalmi munkássága 2023-ig

2023-08-12T07:45:27+02:00

„A közép-európai régió és a nyugati hatások: A tradicionális jog alakváltozásai”

2023-08-12T07:55:52+02:00

Megkeresztelt gazdaság: a középkori angol céhek vallási aspektusai

2023-08-18T16:24:37+02:00

This paper focuses on medieval English guilds, especially craft guilds. Christianity was the unquestionable spiritual force behind the results of the Middle Ages – and talking about these scientific, cultural, religious achievements one cannot omit the role of guilds. Besides their significant economic activities, their main goal was the salvation of souls and to avoid purgatory.

Az angolszász házassági jog a törzsi szokásjogok alapján

2023-08-18T16:35:31+02:00

According to Sir Maitland and Sir Pollock, the „Anglo-Saxon law is not only archaic, but offers an especially pure type of Germanic archaism”. This means that the Old-English law is free from any Roman or Christian element, thus it is inherenlty different among other Germanic customary laws. The law codes (in Old-English they are called domas) are written in their own language, unlike other Germanic tribes who wrote in Latin. Altough the Roman and Christian elements will appear in the Isle when Aethelberht changes religion, the impacts are minimal. In other words: those who want to come to know the closest one of the Germanic customary laws to the original, they should pay attention to the „lost child” of the Leges Barbarorum: the Leges Anglo-Saxonum. In my essay the questions are simple: what characterizes the legal status of a married woman and a widow? Is she an object or a person? What happens with her and her property after the death of her husband? There are answers, but they are comlicated. The provisions are obscure and are difficult to understand because their language is archaic, and the researchers are subjective to the point where we no longer knows the truth. This way there is no end of the presumptions and guesses, the literature is often contravene with itself, thus it is necessary to take a commitment in some questions. Still I think there is some kind of an objective reality I found: a woman is not less than a living person but sadly she cannot be totally equivalent with men (and her husband).

Jogátvétel vagy modellkövetés?

2023-08-12T08:49:51+02:00

The limited liability company was receipted into Hungarian law in 1930. The forty-year delay following the appearance of the German GmbH brought several advantages for Hungarian company law, the legislator created a well thought-out, practical law that also met the long-term needs of the Hungarian economy and the economic actors. Based on the early debates and the first draft of Dávid Pap and its critique by Géza Bozóky, the author examines the new form of company that started as a similar form of a general partnership, which was then considered by Géza Bozóky as a variant of the joint-stock company form. The paper describes the stages and characteristics of the development of this approach in the mirror of the German (1892) and the Austrian (1906) GmbH Acts.

A magyar társasági jog modernizálása az 1930. évi V. törvénycikkben különös tekintettel a korlátolt felelősségű társaságokra

2023-08-16T08:54:11+02:00

Ödön Kuncz’s proposal was adopted by the Hungarian Parliament in the form of Act V of 1930, as the reception of the limited liability company into Hungarian company law. The concept of Kuncz was based on criticism of the earlier bills of Dávid Pap and Géza Bozóky, and the experiences of jurisdictions that had already been adopted the German GmbH model, and it was in line with the needs of domestic business practice. This study analyses the reception of legal institution of limited liability company into Hungarian law and its medium-term effects based on the concept drawn up by Kuncz.

Közjogi elemek a Kálmán korabeli jogforrásokban

2023-08-19T21:04:42+02:00

The royal regulations protecting the interests of the Christian church and property are usually considered to represent the legal significance of the Kálmán era. However, the contemporary decrees, privileges (letters patent) and other written documents – all of which is a kind of sources of law – also describe some of the basic institutions of the state and public law. We can find regulations and descriptions concerning legislation, administration, judicial power, fiscal policy, church administration, warlordism and diplomatics. Most of these regulations can be related to the royalty, the royal rights and prerogatives representing the fundamental role of the monarch in the state. On the other hand, they also represent the appearance and development of other elements of the operating state.

Adalékok az 1921. évi III. törvénycikk alapján indított büntetőperekhez

2023-08-17T11:48:14+02:00

At the beginning of the period between the two world wars, new categories were introduced in criminal law (such as national hate speech and national defamation) based on the provisions of the Act III of 1921. These categories enabled to prosecute the enemies of the system or to silence the people who criticized the system in some way. Many of the 'accused' were peasants living in difficult conditions and poverty, as well as workers and industrialist. Besides them there were also writers who depicted inhumane living conditions in their works, thus they had to answer in court. The cases presented in this study serve as examples to illustrate these procedures.

Kelsen és Montesquieu között

2023-08-12T16:17:50+02:00

This paper is the written version of the Ordinary Professorial Inaugural Lecture „Zwischen Kelsen und Montesquieu. Gewaltenteilung und Demokratie im 21. Jahrhundert” delivered at the University of Vienna on 27 March 2023. In his writings on democracy, Hans Kelsen initially rejected Montesquieu’s concept of the separation of powers and later only hesitantly recognised it. In fact, however, in the democracy of the 21^st century, both the rule of the majority and the separation of powers are indispensable to guarantee the freedom of the individual. Both elements, however, are facing new challenges and threats that need to be recognised.

A bankjegyektől a jegybankokig

2023-08-12T17:26:34+02:00

In the 17-18^th century, during the process of civil transformations, starting from the economic policy based on the era of absolutism, the first central bank regulations appeared in Europe. Mainly the disorganization and crisis of public finances and the need to finance various wars led governments to establish central banks and to provide central banking functions to privately owned banks. The most important issues included the regulation of banknote issuance and legal tender, the management of state funds, the financing of the state debt, as well as the relationship with the state, in other words, the content of central bank independence. Each country followed different paths, and accordingly, the classic and the Prussian models of central bank development can be described based on the different legislative steps. The study presents the main characteristics through the English, German, French, American and Hungarian examples, primarily by characterizing the legislative peculiarities and illuminating the political historical background by applying the methods of comparative law.

Polner Ödön ismeretlen előadása az 1848. évi áprilisi törvényekről

2023-08-13T07:08:49+02:00

Professor Ödön Polner (1865-1961) was one of the outstanding scholars of Hungarian public law. His legacy includes the manuscript of a lecture he gave in 1948, in which he reviewed the basic laws adopted in the first phase of the Hungarian Revolution of 1848. Within the framework of the historical constitution, these laws laid the foundations of nationalism and bourgeois constitutionalism in Hungary in the middle of the 19^thcentury. Below, after a short description of Polner’s professional career and some introductory remarks, we publish the text of the lecture given in 1948.

„A Kúria méltósága”

2023-08-17T12:15:01+02:00

In the hallway of the Hungarian Supreme Court’s temporary building there are portraits of the previous presidents of the Court. For decades, Jenő Szemák’s portrait was absent due to his role during the end of World War II and mostly because of the fact that he was a prominent figure in the Arrow Cross Regime. By this year his portrait was hung there with additional notes. This action brought up the question of Szemák’s actual role and the determination of the Arrow Cross Movement. The main question is the independence and relevance of the Supreme Court during the darkest months of Hungary’s history. Between 1918 and 1945 two radical course took power in Hungary thus the article brings up comparisons of them since their point of view of the courts was different.

Tartalom

2023-08-19T06:51:15+02:00