A polgári jogi igény érvényesítésének elméleti és gyakorlati problémái
In my thesis, I analised the possible decisions that can be made during the adjudication of the civil claim highlighting the potential legislative disfunctions and defaults in the jurisprudence by processing verdicts delivered after 1st of July 2018. Besides the empirical and fundamentally procedura...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2021
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| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
3 |
| Kulcsszavak: | Polgári jog, Büntetőjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/74514 |
| Tartalmi kivonat: | In my thesis, I analised the possible decisions that can be made during the adjudication of the civil claim highlighting the potential legislative disfunctions and defaults in the jurisprudence by processing verdicts delivered after 1st of July 2018. Besides the empirical and fundamentally procedural section of the research, I also introduced how the specific civil definitions can be applied to the criminal procedures because the criminal and the civil set of definitions do not neccessarily match with one another. The adjudication of the civil claim and the classification of the legal relation between the private party and the defendant should always be determined by considering the Civil Code in force. It can be critically said against the jurisprudence that the courts qualify the legal relation between the parties wrongfully in many cases, therefore the claim of the private party is not judged on the adequate legal basis. The judges handle the whole issue negligently and they indicate the non contractual liability in their explanations despite the fact that the relation between the parties is evidently contractual. As far as the legislation of the civil claim is concerned, the current Act of Criminal Procedure undoubtedly provides a clearer and more detailed picture than the previous one, although it is a cardinal deficiency of the Act that it doesn’t allow the partial acceptance of the private party’s claim. [Section 560 (4)]. |
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| Terjedelem/Fizikai jellemzők: | 469-498 |
| ISSN: | 2560-2802 |