Despre amintirile de familie și morminte

Author(s): Cornelia Munteanu / Language(s): Romanian Issue: 02/2009

Both family memories and graves have received no legal regulation in the Civil Code. Nevertheless, traditionally, our doctrine and the French doctrine include them in cases of forced and perpetual co-ownership. This is due to the fact that some assets may be charged with a special consideration; a person’s attachment to an asset may also be of an emotional nature. Due to such attachment, they could not be found in other assets than those of family members; generations succeed each other in their possession without a real transfer being required due to the fact that they represent a co-ownership that is perpetually renewed with each generation. Nevertheless, there are also some differences between family memories and graves. Nevertheless, what we would like to emphasize in this article is that these assets have a particular regime both as regards their ownership and their devolution relating to succession. Their examination is difficult because there is either no legal regulation, or it is incomplete. Perhaps for this reason as well, our doctrine has so little space reserved for them. Yet, they deserve a more generous treatment, in particular since the new Draft Civil Code reserves two articles to family memories (art. 871 and 872).

Considerații generale și unele observații cu privire la proiectul codului de procedură civilă

Author(s): Ion Deleanu / Language(s): Romanian Issue: 02/2009

In view of adopting a new Civil Procedure Code, emphasizing the unquestionable attributes of this work, some observations – questionable themselves – might be useful for the actions taken with a view to its adoption. Nevertheless, they might also be useful in order to compare the legislative intentions with the results achieved.

Instituții procesuale reglementate de proiectul codului de procedură civilă care asigură accesul liber la justiție

Author(s): Manuela Moșneanu Comăneci,Andreea Tabacu / Language(s): Romanian Issue: 02/2009

Unrestricted access to court, as a basic principle of the guarantees established under art. 6 par. 1 of the European Convention on Human Rights, represents a permanent concern of the domestic lawmaker, which must adapt procedural rules, harmonizing them with the Convention principles, as developed in the case law of the European Court of Human Rights. The principle stated, which is not an absolute rule, involves a series of justified restrictions, which the States, in virtue of the margin of appreciation they benefit of, provide in their internal regulations. Nevertheless, there are situations in which the Court identified in its case law infringements of the principle of unrestricted access to court, which affects the substance of the principle itself and which should not occur in the Member States, which have committed to comply with this principle. Throughout time, the regulation of the civil procedure in our country has undergone a series of amendments, also for the purpose of fulfilling the principle in question, a real and efficient solution being the amendment of the Civil Procedure Code. The draft code brings several novelties as compared to the present regulation, structuring the civil procedure on the doctrinaire frame provided in the great specialized papers3) and taking into consideration the influences of the procedural regulations in other European countries, such as: France, Italy, Switzerland, Germany, the Netherlands etc.4) In order to fulfill the principle of unrestricted access to court, the New Civil Procedure Code brings changes to some essential procedural institutions, but also brings novelties, regulating the principles of civil action in detail, the procedure of establishing bails, the manner of formulating a summons, including by filling in a form in special procedures, such as the one related to low value claims, the regulation of aspects related to competence, remedies, enforcement. The novelties brought by the draft code mainly have in view to provide a system of clear and predictable norms, which litigants could use without an indirect restriction of their access to court, defining certain notions and regulating in detail the procedures ensuring access to court.

Prawo do azylu w ustawodawstwie polskim

Author(s): Magdalena Strożek-Kucharska / Language(s): Polish Issue: 1/2013

The problem of foreigners in the Republic of Poland has become especially current after 1989, because since that time an increasing number of foreigners have been applying for permanent residence permit on the territory of our country. Poland has become a transit country as a result of its particular geographical location, lying in the orbit of the impact of migratory movements in Europe nowadays – especially those running from the East to the West. Despite the detailed regulation of the institution of asylum in both the Constitution of the Republic of Poland of 1997, as well as in the national legislation, the asylum is a form of assistance offered to the foreigners, used by them only sporadically. Furthermore, no positive decision regarding this matter was taken by the Polish authorities for several years. The necessity to meet rigorous prerequisites for getting an asylum granted seem to be the direct cause for this state of affairs. In addition, the necessity to express directly that the application of a foreigner concerns granting the right of asylum on the territory of the Republic of Poland also causes possible complications. The legal rules state that this form can be granted only if a foreigner states directly that he is applying for protection in the form of asylum. The lack of a clearly expressed will of the foreigner with respect to this results in considering such a request in the category of granting the refugee status. Furthermore, in view of the fact that a foreigner applying for the refugee status must meet much milder prerequisites and the effects of a positive decision with respect to this are almost analogous to the situation in which they would be granted an asylum for the reasons stated above, foreigners choose the “easier option”, which means in this case applying for the refugee status. In addition, it is necessary to mention that the decision of granting the right of asylum is based on the administrative discretion, which undoubtedly influences the low interest on the part of foreigners in this form of protection granted by the Polish authorities.

Zasada równouprawnienia związków wyznaniowych i jej ograniczenia w zakresie zawierania małżeństw cywilnych w formie wyznaniowej

Author(s): Anna Tunia / Language(s): Polish Issue: 1/2013

The paper deals with the problem of realization of the principle of equality of denominational groups as far as the possibility of applying the denominational form of contracting the civil marriage. The author presents the essence of the principle of equality of denominational groups, as well as the existing solutions which consist in its restricting through authorizing only some denominational groups to apply the indicated form of contracting a marriage, that is those which possess the legal status regulated through individual acts. In order to eliminate this discriminating practice, the author proposes, in her paper, changes de lege ferenda aimed at authorizing also other legally active denominational communities to proceed using the denominational form while contracting civil marriages.

Kilka uwag o stanie obecnej współpracy między administracją publiczną a sektorem obywatelskim w Polsce w sferze polityki społecznej

Author(s): Jolanta Blicharz / Language(s): Polish Issue: 1/2013

The economically and politically globalizing world makes it necessary, to a greater and greater extent, to search for solutions which would allow to face new dimensions of economic and social problems. The gradual withdrawal of the state from the role of the main provider of benefits, as well as the wider and wider differentiation as regards the manner of performing functions by the state, which appear to be clearly modeled on the practice of other sectors nowadays, create a new context for the functioning of subjects of a civic society. Numerous debates connected with the post-socialist transformation usually draw attention solely to fundamental changes within the economic system, while the new polity that is emerging in consequence of the transformation implies not only a new form of the state, but also a new model of the non-governmental sector, the latter – on the other hand – is clearly exerting an influence on the transformation of the functioning of the public administration in Poland. Indeed, it is evident that the role of the public administration must undergo thorough modifications, yet reforms carried out cannot consist in that the activity of the civic (non-governmental) sector related to rendering public services will be treated as a substitute of social aid. It can and should complement the latter.

Skutki uchylenia układu zawartego w postępowaniu upadłościowym dla wierzytelności objętych układem

Author(s): Rafał Adamus / Language(s): Polish Issue: 1/2013

The paper deals with the question of consequences which result from annulment of the agreement concluded in bankruptcy proceedings, involving receivables which are included in the agreement. The institution of the very agreement itself and its annulment is a unique solution in the construction of the bankruptcy law. The core of the analyses is the regulation of the bankruptcy and repairing law, according to which, in the case of annulment of the agreement, in the bankruptcy proceedings that are opened, the creditors to date pursue their claims at the initial height of the latter. The due interest is accrued from the day of the validation of the decision on the annulment of the agreement. The sums paid out as stipulated in the agreement count as appropriation of claimed receivables. In turn, mortgage, lien, registered lien, revenue lien and vessel mortgage secure the receivables at the height which has not been satisfied yet. The considerations include also the dispute over the legal character of the agreement, make references to the historical legal regulation, as well as present a selection of views relating to the problem as found in the literature of the subject. At last the author describes the most significant legal problems connected with restitution of receivables, which arise just in consequence of annulment of the agreement.

Instytucja odesłania w zakresie unieważnienia prawa z rejestracji wzorów przemysłowych

Author(s): Joanna Buchalska / Language(s): Polish Issue: 1/2013

In compliance with the norms of the act of Law of Intellectual Property in the scope of invalidation of the right in the register of industrial designs, the legislator refers the interested party, on the power of Art. 117 of the Law of Industrial Designs, to regulations concerning termination of patents. However, this mechanism raises a series of doubts, especially, in connection with the scope of appropriate application of legal norms. In accordance with Zasady techniki prawodawczej (Principles of Legislative Technique) referring to other regulations is justified in the case in which the regulations being referred to provide norms to situations of a similar character. The legislative technique accepted by the legislator does not fully satisfy the needs of practice, though. The standpoint which maintains that industrial designs, apart from registered designs, patents and topography of integrated circuits belong to the category of invention designs seems unjustified as a matter of fact. What testifies to the above statement is the fact that industrial designs combine in themselves also elements of aesthetic nature, while invention designs provide strictly technical solutions. The need for executing an autonomic regulation of the question of invalidation and termination of the right in the register of industrial designs is also strengthened by the fact that on the ground of previous legislation, that is Law of Inventions, industrial designs were dealt with in a separate act, in the same way as trademarks. The existence of autonomic regulation allows accepting the right standpoint which says that industrial designs cannot be defined as invention designs.

AKCIONARSKO PRAVO - NEKAD I SAD - NA PRIMERU RUDNIKA BAKRA I ZLATA BOR I MAJDANPEK

Author(s): Miroslav Vrhovšek / Language(s): Serbian Issue: 06/2007

Opravdano smatram da sam iznetim referatom potvrdio obrazloženje predloga teme "Akcionarsko pravo - nekad i sad" da ideja o pravnoj izgradnji, kao temelju moderne Srbije, traje gotovo 200 godina. Prateći tu ideju pokušao sam da oživim brojne propise kojima su regulisana određena pitanja, kako su isti ugrađeni u pravne akte koje sam predočio u referatu, koji su upravo dragoceni za analizu njihove razumljivosti, jezika i stila, prilagođenosti potrebama i zahtevima vremena naglašavajući rešenja koja su možda i bolja od nekih postojećih. Realizacijom zamišljene ideje u referatu smatram da sam uspešno dokazao da je srpska pravna misao imala svoje uzlete,da je srpsko pravo imalo svoje bisere,da je postojalo i da će postojati, te da je neophodno da se i danas oslobodimo osećaja da je jedini izlaz za naše pravo u kopiranju i prihvatanju onoga što je neko već propisao. Prezentirani pravni akti, ugovori i statuti će, svakako, moći korisno da posluže, naročito, mlađim generacijama pravnika da se sa istima bliže upoznaju, da ih detaljno prouče, da njihove odredbe uporede sa važećim propisima iz oblasti akcionarstva, što će sve pomoći, pojedinim od njih da, de lege ferenda, svojim radovima doprinesu daljem i uspešnijem razvoju pravne nauke u Srbiji. Izneto ću potkrepiti samo jednim primerom. Naime, u jednoj najnovijoj, inače, veoma dobro napisanoj knjizi, posvećenoj akcionarskim društvima,10 pisac knjige uzimajući za moto latinsku izreku principium est potisima pars (početak je najvažniji deo svake stvari) u prvoj rečenici uvoda konstatuje: "Akcionarsko društvo se skoro dve decenije nalazi u žiži interesovanja naše privrednopravne i ekonomske nauke počev od donošenja Zakona o preduzećima 1988. godine". Iz rečenog, uzimajući u obzir i navedeni moto, bi proizilazilo da su akcionarska društva u Srbiji tek sada nastala,u poslednjih dvadesetak godina,što znači da je to njihov početak. Kao da ista nisu postojala skoro 100 godina u periodu 1850-1945 i to u vrlo razvijenom obliku koji je bio dostignut na evropskom nivou toga vremena.

FILOZOFIJA LJUDSKIH PRAVA I SLOBODA U ISLAMU

Author(s): Sulejman Topoljak / Language(s): Bosnian Issue: 06/2007

Sistem ljudskih prava i sloboda u političkom islamsko sistemu ima svoju ideološku filozofiju utemeljenu na islamskoj doktrini – akidi, iz kojeg se derivira islamsko pravo –Šerijat koji svojim normama i propisima regulira ta prava i slobode i to na način da u isto vrijeme osigurava i štiti obje dimenzije ljudskih prava i interesa: i individualnu i kolektivnu. Filozofija prava i slobode u islamu ima svoju posebnu prirodu i specifičnosti. Na prvom mjestu se prava i slobode u islamu smatraju Božijim darovima, izvedena iz islamskog prava - Šerijata i utemeljeni na islamskoj doktrini - akidi. A to za posljedicu opet ima da ona kod sljedbenika islama uživaju u velikoj mjeri svetost i poštovanje, što im opet daje garanciju da će ih se dobrovoljno i u istoj mjeri pridržavati i država i njeni građani. I to je bez sumnje najbolji metod i sistem da se zaštite, ne podcjenjuju i ne gaze. Osim toga, prava i slobode u islamu nisu podložna nikakvoj konfiskaciji a niti derogaciji, jer to je u islamskom pravu apsolutno ne izvodivo kako je to već u studiji i objašnjeno. Također, prava i slobode u islamu imaju karakter univerzalnosti i općenitosti, jer obuhvataju sve vrste prava i sloboda i odnose se na svakog muslimana ili nemuslimana koji živi u okrilju islamske države i smatra se njenim državljaninom. Isto tako, prava i slobode u islamu su legalizovana, utemeljena i upotpunjeni odmah na početku islama, za vrijeme poslanika Muhammeda, a.s. I to onda kad ostali svijet, na polju teorije političkih sistema kao i na segmentu teorije ustavnog prava, uopšte nije poznavao nešto što se nazivalo teorijom ljudskih prava i sloboda. I na kraju, prava i slobode u islamu nisu apsolutni, nego su sputani određenim pravilima i ograničenjima kako bi se osigurao i štitio opći ljudski interesi i dobrobiti.

PRAVNI INTERES U PARNIČNOM POSTUPKU

Author(s): Sefer Međedović / Language(s): Bosnian Issue: 06/2007

U ovom radu autor se bavi pravnim interesom kao procesnom predpostavkom koju normira Zakon o parničnom postupku Srbije, jer ako ne postoji pravni interes u slučajevima koje predviđa ovaj zakon tužba se odbacuje. O tome vodi računa prvostepeni sud, ali ne i drugostepeni sud po žalbi pošto nedostatak pravnog interesa u žalbenom postupku nije apsolutno bitna povreda postupka. Dakle, propust prvostepenog suda da odbaci tužbu nije povreda da bi takav propust otklonio žalbeni sud. Iako pravni interes postoji u mnogim pravnim granama i ne samo u procesnom, već i u materijalnom pravu, ipak njegov naziv više asocira na materijalno nego na procesno pravo. Zato bi valjalo de lege ferenda trebalo razmišljati o promjeni naziva pravnog interesa u građansko procesnom pravu u „procesni interes“ parničnih stranaka. Pravni interes postoji u parničnom, vanparničnom i izvršnom postupku. Kao predpostavka on samo označava dopuštenost deklaratorne tužbe, zatim pravnih ljekova (redovnih i vanrednih), izdavanje platnog naloga i učešće umješača. Nepostojanje pravnog interesa uvijek povlači odbacivanje tužbe, odnosno pravni interes afirmiše princip pristupa sudu kao osnovnu slobodu čovjeka. On je legitimacija stranke, ne samo u unutrašnjem nego i u međunarodnom pravu. Bogata praksa Evropskog suda za ljudska prava jasno ga je prepoznala kroz primjenu člana 6 Evropske konvencije o ljudskim pravima i osnovnim slobodama.

Prezumtia ca mijloc de probã, potrivit noului cod de procedurã civilã si noului cod civil

Author(s): Andreea Tabacu,Duminica Ramona / Language(s): Romanian Issue: 06/2011

The New Code of Civil Procedure is an important step in settling proofs in the civil trial, by taking over in a uniform manner all relevant provisions thereto. In terms of presumptions, to which succinct provisions are assigned, the New Code of Civil Procedure offers the definition, operates with their highest classification, in legal and judicial (simple) presumptions and, unlike the former Civil Code, shows that the legal presumption can be removed by the countering evidence, unless the law provides otherwise. Res judicata, enacted under the Civil Code on the paradigm of Article 1351 of the French Civil Code, is covered only as a consequence of the judgment, without it being qualified as an absolute legal presumption. Within this framework, the New Civil Code regulates a multitude of presumptions, in order to facilitate the proof of challenged acts and facts, presumptions that are to be applied to the structure of the legal regime under the New Code of Civil Procedure, following enactment thereof.

Drepturile personalitatii. caractere si limite

Author(s): Cornelia Munteanu / Language(s): Romanian Issue: 06/2011

The new Civil Code, for the first time, regulates the respect due to every individual and his/her inherent rights in Chapter II of Title II – „Natural person”, Book I. These rights are contemplated in a non-exclusive list in art. 58 paragraph (1)NCC: right to life, to health, to physical and psychical integrity, to dignity, to have his/her own image, to have his/her private life respected. The rights of personality were construed starting from the basic characteristics of the human being; however, they belong to the legal entity, as well (art. 257 NCC), at least for all attributes which are inseparable from the human condition. The new Civil Code provides us the opportunity to examine a small part of the issue raised by the regulation of these rights: their characters and limits. Indeed, on one hand, the rights of personality for the purpose of the private law, have several characteristics which differentiate them completely from the patrimonial rights (strictly personal, absolute, unalienable, extra-patrimonial rights) and, on the other hand, as any other subjective right, the rights of personality are susceptible of limitations arising either from the legislators’ will, or from the right owner’s will.

Aplicarea legii civile în timp din perspectiva noului cod civil

Author(s): Mirela Steluta Croitoru / Language(s): Romanian Issue: 06/2011

Concomitant vocation of several successive legal norms to regulate a particular legal circumstance is designated as conflict of laws over time, while regulations in their entirety, establishing the relationships between successive laws in time are known as transitional law (intertemporal law). Therefore, assuming the case of a conflict of laws over time, it deems necessary that the laws are sequential (i.e. to be promulgated, in time, on different dates) and cover a given legal situation that gives rise, alters or extinguishes certain rights and obligations (specific to a legal institution) on behalf of an individual. For a real conflict to arise between two legal rules, two cumulative conditions should be fulfilled: 1. to be the case for a legal deed, fact or circumstance, which was incurred under the old regulations and continues to be effective also after the enactment of the new law; 2. the two successive regulations regulate the legal deed, fact or circumstance in a different manner. After verifying that the two cumulative conditions set out above are fulfilled and establishing that there is the case of a real conflict between two (or more) normative acts regulating the same legal circumstance in a different manner, the Court is to rule upon the applicable legal rule, specifically, in terms of the de facto and de jure case referred to the Court. In achieving this aim, the Court shall apply the principle according to which: where there are no transitional provisions, expressly regulated by the legislator with the view to settle the conflict of laws over time for the particular case referred to the Court, the same shall rule upon the relevant applicable law by appealing to the general principles of law governing law enforcement over time; and where the legislature regulated certain transitional rules for the relevant case referred to the Court, it shall apply the same. By the Civil Code adopted under Law no. 287/2009, republished, the legislature directly involved in the settlement of conflicts of law over time, regulating by the instrumentality of general rules the principles of civil law enforcement over time. Thus, by the provisions of Article 6 of Chapter II („Civil Law Enforcement”) of the preliminary Title, the legislature adopted some rough principles in the field of transitional law, provisions acting as „general rules”, in that the same shall apply whenever there are no special provisions regulating the issue of conflict of laws over time. Thus, it was expressly enshrined the non-retroactivity rule of the civil law provided for in Article 15 paragraph 2 of the Constitution (Article 6 paragraph 1), there was settled the rule according to which a legal act or fact cannot generate but the legal effects provided for by the law in force at the date of conclusion of the deed, or, where appropriate, the accomplishment or occurrence of the legal fact (Article 6 paragraph 2); it was ruled upon the law app

Clauza de preciput în reglementarea noului cod civil. abordare comparativã

Author(s): Cristina-Mihaela Nicolescu / Language(s): Romanian Issue: 06/2011

In view of the regulation of art. 333 of the New Romanian Civil Code, the preciput clause represents the agreement of future spouses or, if appropriate, of spouses enclosed in the matrimonial convention which entitles the surviving spouse to free possession right, prior to the division of the inheritance, of one or several commonly held goods, in joint or co-property. The preciput clause is compatible with either of the two alternative matrimonial regimes provided by the New Romanian Civil Code, namely separation of goods and conventional community of assets. As opposed to the French regulation with regard to this aspect, from where institution has been borrowed, the Romanian legislator does not grant an express competence to the preciput clause. Taking into consideration the purpose of its proclamation, it can be considered that it has the legal nature of a distinct matrimonial advantage. Enforcement of the mechanism of preciput clause is not designed to lead to the injury of the interests of the heirs entitled to a portion of the inheritance, being expressly stipulated that this clause is subject to reduction, under the legal provisions, whenever the disposable portion is exceeded, the reduction being subject, by means of similarity, to the same legal rules that regulate reduction of testamentary disposition. The goods subject to the preciput clause are not inalienable and non seizable, joint creditors preserving their right to pursue the respective goods in order to meet debts.

Reglementarea mãsurilor asiguratorii în materia drepturilor de proprietate intelectuala. implicaþiile art. 252, 255 si 257 c. civ

Author(s): Sonia Florea / Language(s): Romanian Issue: 06/2011

Art. 252-257 of the Civil Code regulates the defense of non-patrimonial rights (including those which result from intellectual creations) and set up interim measures for preventing the infringement of rights and for assuring the preservation of evidence, in the proceeding of the presidential ordinance. The proceeding of the presidential ordinance set forth at art.255 of the Civil Procedure Code is regulated by rules derogating from the framework rule regarding the intellectual property rights, from the provisions of the applicable Civil Procedure Code and from the provisions of the New Civil Procedure Code. New legislative solutions are adopted: if the application for setting up interim measures is lodged before filing the well-founded claim for defending the non-patrimonial right, the judge shall be obliged to decide the deadline when the plaintiff is obliged to file the well-founded claim; if the well-founded claim is rejected as being unfounded, if the plaintiff did not commit a fault or committed ordinary negligence, the court may refuse to oblige him to pay the damages requested by the defendant or may reduce these accordingly; the bail application is settled within the proceeding of the presidential ordinance; if the defendant opposes to pay bail, the court shall decide a deadline in order to file the well-founded claim, which cannot exceed 30 days from the adjudication of the decision, under the pain of the lawful cessation of the measure of making the amount deposited as bail unavailable. Consequently, the correlation of these new normative provisions with the general legal framework for assuring coherence regarding the defense of the intellectual property rights both in the construction and enforcement of law, and in the perspective of laws improvement, shall be required.

Aspecte legate de arbitrajul commercial internaţional în materie de concurenţã în Uniunea Europeanã

Author(s): Lazar Laura,Ioan Lazăr / Language(s): Romanian Issue: 06/2011

The arbitrability of the competition matters represented for a long time the subject of some doctrine controversies, the authors having different opinions regarding this subject. Thus, according to the majority’s opinion, the confidentiality of the arbitral procedures was deemed inadequate for the judgment of the issues related to competition law, having in mind that the aspects of the economic policy related to competition pertain to public policy. Moreover, the specialists declared their scepticism with regard to the arbitrators’ capacity to solve the competition aspects of the affairs, due to their complexity. The situation changed in the meantime, the experience of the latest years showing the fact that the competition arbitrage became reality and even more, it became a fundamental feature of the international commercial arbitrage. The arbitrability of the competition-related aspects was not contested anymore, the arbitral courts all over the world solving this type of issues more frequently and with professionalism. The recent evolutions may be deemed important, especially in the context of the modernisation process of application of the competition law, which targeted also the increasing importance of its private application. The authors propose the analysis of the arbitrability of the competitive side of the affairs undergoing resolution before the arbitral courts, the frequency of the use of the arbitrage in relation to the resolution of the aspects related to the competition law, as well as the arbitrators’ role in the context of the application of the competition norms in the European Union. The authors believe that, in the current context, the arbitrage may become an important option in the application of the competition law in the European Union.

Сказка: Съдебната власт в България

Author(s): Anton Kableshkov / Language(s): Bulgarian Issue: 10/1909

THE FUTURE IMPACT OF THE ROME CONVENTION ON HUNGARIAN CONFLICT RULES

Author(s): Gábor Péter Palásti / Language(s): English Issue: 1/2004

The article compares the current Hungarian private international law regime to that of the Rome Convention of the EC. While the Convention is before changing into an anticipated Regulation, it makes sense to test Hungarian PIL provisions against the Convention because to a certain extent the Regulation is likely to build upon the regime of the Convention. The paper discusses the different provisions from party choice of law to connecting factors in the absence of choice, from consumer and individual employment contracts to the Convention's Article 7 mandatory rules, from the law appicable to formal validity to renvoi, and concludes that while Hungary's PIL system is something very close to the Convention, several changes – some minor some more substantial – will be introduced into Hungarian law upon the passing of the Regulation. The paper also evaluates the impact the Convention has had on Hungarian PIL so far and assesses whether or not formal modification of the Hungarian law on PIL will be needed. At the time of drawing up this present study the 1980 Rome Convention on the law applicable to contractual obligations is under transformation into an instrument of secondary EC legislation – a'la the transformation of the 1968 Brussels Convention on jurisdiction and the enforcement of judgements in civil and commercial matters into Council Regulation (EC) No 44/2001. There have been quite many different suggestions as to the new rules of the common European private international law (PIL) in the anticipated Rome Regulation and thus the exact direction of the changes is unpredictable at this point of time. However, since the much anticipated Regulation is very likely to adapt the PIL system of the Convention at least to some extent, it does make sense to sum up the main differences between the existing regime and practice of the Rome Convention and Hungarian PIL in its black letter law, case law and legal writings.

POST-ACCESSION DUTIES OF LEGAL HARMONISATION

Author(s): Judit Fazekas / Language(s): English Issue: 1/2004

After the accession Hungary’s duty of harmonisation hasn’t come to an end, since the Hungarian legal system still has the deadlines set by community law to take into account, and our legal system has to give fast and adequate responses to the community’s legal challenges. The State should effectively take part in the decision-making process of the European Union in a way that we could enforce our interests to the most possible extent even after the accession period. It is almost as hard a duty as the accession was and goes with an enormous liability, since after the first of may we will also take part in the European Union’s decision-making process.[...]