Magyarország Alaptörvénye és a hatályos Polgári Perrendtartás célja, alapelvei

The Constitution (Fundamental Law) of Hungary is in – at least – two different ways related to the current Code of Civil Procedure in the Hungarian law: 1., by the definition of the relevant rules onto the judicial organization, in which the court will judge initiated in civil cases (public legal re...

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Bibliographic Details
Main Author: Lugosi József
Corporate Author: Az új Alaptörvény és a jogélet reformja (2011) (Szeged)
Format: Book part
Published: 2013
Series:Szegedi Jogász Doktorandusz Konferenciák 2
Az új alaptörvény és a jogélet reformja 2
Kulcsszavak:Alkotmányjog - magyar, Polgári perrendtartás - magyar
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Online Access:http://acta.bibl.u-szeged.hu/71303
Description
Summary:The Constitution (Fundamental Law) of Hungary is in – at least – two different ways related to the current Code of Civil Procedure in the Hungarian law: 1., by the definition of the relevant rules onto the judicial organization, in which the court will judge initiated in civil cases (public legal relationship) before litigation, and 2., by guaranteeing principles rooted in the Basic Law, and also prevailing in the current Code of Civil Procedure (private connection). a., The legal activity carried out by the judicial organization is called „justice”, according to the Fundamental Law. b., The Code of Civil Procedure – without applying the concept of justice – prefers the expression of „judg(e)ment of the legal dispute”. It is about the same process that is mentioned both in the Fundamental Law and in the Procedure Act, which can also be approached in two ways, for it all depends on whether we see the question from the point of view of the court (law enforcement authority): is it about justice or judg(e)ment of legal dispute (about „jurisdiction”), c., but if we follow the party’s point of view: processes in civil cases initiated in front of the court (law enforcement authority) can be considered as a right enforcement (as a claim/request enforcement). If we study the process from the client’s side, relevant statements can be done on the basis of principles defined in the Fundamental Law, and of the purpose and the basic principles of current Hungarian Code of Civil Procedure regarding the structure of the home civil (legal) process, the civil action, its stages. What are these conclusions which can also be drawn from the basic principles of Basic Law and from the fundamental principles of the procedural law? -On its merits, the legal dispute cannot be judged in its phase based on the relationship between the complainant of the legal process and the court; -In order to be able to judge the legal dispute, the defendant’s – formal – participation and hearing at the trial are indispensable; -The court can judge the litigation in civil cases on its merits, only in the form of a „judg(e)ment” deliberated on trial.
Physical Description:137-152
ISBN:978-963-306-142-8
ISSN:2063-3807