JOGHÉZAG AZ EURÓPAI ÉS A MAGYAR MAGÁNJOGBAN
About a Loophole in the European and Hungarian Private Law
Author(s): József SzalmaSubject(s): Public Law
Published by: Fórum Könyvkiadó Intézet
Keywords: loophole; general clauses; basic principles; legal principles; legal standards; legal interpretation
Summary/Abstract: Speaking of Abstract. In this study I discuss the question whether general clauses, considering their broad, comprehensive, general meaning, preclude a loophole. If, despite their general meaning, a loophole is not ruled out, the further question arises whether general clauses, or in other words, legal principles, basic principles, legal standards (measures), can be applied to fill the loophole. If so, for which field of law or branch of law (e.g. public law, private law), in which way and under what conditions. In the light of these questions I analyze the basic legal features and contexts of the general clauses and the loophole in the European and Hungarian, mainly private law.
Journal: Létünk
- Issue Year: L/2020
- Issue No: 3
- Page Range: 7-36
- Page Count: 30
- Language: Hungarian