The study aims to discuss three topics briefly. First the individual moments of the law-making process are described by discussing the problems of law-substituting decrees, then the role of the Curia (The Supreme Court of Justice) in codification will be dealt with, and finally, the increasing role of codification in building the bourgeois state will be treated.
The core of codification is invariably the idea of a system in the law's composition and structuring, doctrinal reflection and conceptual building up, including judicial reference to codal definitions as well. Or, codification is (1) an exclusive body of law (2) implementing unity in its regulatory field (3) with logical coherence and consequentiality. The dream of a common European codification penetrates into the very heart of the law, presupposing the unification of all the intellectuality and underlying approach that has ever distinguished Civil Law and Common Law. The more the advancement of the European unification progresses, the more inverse the assessment of European codification becomes, making us its past trends, values and regulatory techniques reconsidered. That is, as if we on the Continent had not so much become statal national units unified by a sequence of national laws but, being too conceited of our most promising collective heritage within the transitory phase of an infantile disorder, became rather fragmented in national isolation from one another, which now comes eventually to a final end.
In 1998 the government of the Hungarian Republic decided that a new Civil Code is to be drafted. In 2000 the Main Committee of Codification issued guidelines for the new Civil Code, determining, among others, that the new Code is to be cast into separate books, after the model of the Dutch Civil Code, and that one of these separate books is to be devoted entirely to family law, i.e. a branch of law which has been enunciated in a separate Act since 1952. The present study examines some of the topical questions raised by a reform of family law in general, and the relevance of the above considerations to such an undertaking, in particular. The author makes a few proposals concerning the determination of independent principles for the family law materials which are to be included in the Civil Code, raises and discusses a number of questions in the area of marital property law which are in need of regulation or re-regulation, and discusses a few questions of child-parent relationships and of a reform in children's rights as related to some of the requirements enunciated in the U.N. Convention of Children's Rights.
This paper is intended to identify the differences between the standard language codified by Ľudovít Štúr and the present-day Slovak standard language. Comparative analysis showed that these differences are significant and occur at several language levels: in phonetics, morphology, vocabulary as well as in word formation. This discrepancy could have emerged as the consequence of Hattala’s reform, which eliminated some controversial points in Štúr’s codification. In some cases, Štúr was clearly influenced by the Czech standard language, while in other cases, the author’s individual perception of certain phenomena was manifested.
The present study tries to summarise the role of company law in the codification process of civil law and commercial law. First, the study attempts to find the general features of the codification of company law summing up shortly the general history of company law. Later on the study describes the history of company law and commercial law in several Western-European countries. As a matter of fact the study deals with France, Italy, Spain, Portugal, Greece, Netherlands, Belgium, Germany, Austria, Switzerland, England. The study tries to grasp the common characteristics of the legal development in the foregoing countries. The study also stresses the common features of the different forms of company and describes the way how the various forms of company were separated. The study pays high attention so the influence of company law on the development of civil law and commercial law. The study takes into consideration the comparative legal approach while describing the history of company law in the Western European countries.
The Slovak Literary Language has been formed during a few centuries in such a way, that adopted Literary Czech has lost its traditional language units under the influence of Slovak dialects. However, original phenomena, which had not existed eitthe in written texts or in the Slovak dialects, have arisen as a result of this interaction. One of them is the appearance of a mobile vowel i in the suffix of diminutives -ik in the position after a consonant c. Diminutives ending -cek obviously predominated in the writings before A. Bernolák and in the Bernolák's ones. Only after Štúr's codification and mainly since the end of 19th century these forms have begun to yield. This process, however, had different degrees of intensity in the forms with zero desinential morphemes on the one hand and with expressed ones on the other. The first forms have been replaced by forms ending -cik already in the third decade of the 20th century, therefore the second ones have continued to be in use. It actually means that contamination of two paradigms has occurred. But this process has not been finished and now the forms with a mobile vowel i are as a rule very rare and the number of words, which have them, has been essentially reduced.
A hatodik század talán legnagyobb műgonddal elkészített törvényműve Iustinianus császár nevéhez fűződik. A császár a klasszikus római tradíció helyreállítójaként és a megújult keresztény birodalom első uralkodójaként tekintett magára, és ennek főként rendeleteiben adott hangot. Törvénykönyveinek bevezető rendeleteiben kettős birodalmi célkitűzését, nevezetesen az imperium Romanum visszahódítását és a klasszikus jogtudomány kodifikálását mint Istennek tett szolgálatot jeleníti meg. Iustinianus keresztény kodifikációjának középpontjában a Digesta áll, amelynek a császár különleges szerepet szentelvén, mintegy az igazságosság saját legszentebb templomaként emelte alattvalói fölé.
This article is the shortened version of the national report submitted to International Academy of Comparative Law. It summarizes and describes the present situation of the Hungarian Private International Law by analyzing the Law Decree No. 13 of 1979 on Private International Law (hereafter referred to as Code). The Law Decree is the first legal instrument in the history of the Hungarian PIL which has been modified significantly with the aim of harmonization with European Law since 2004. The major part of the article deals with defining the different aspects of theoretical approach which provides a profound interpretation of Hungarian PIL in scientific terms. On the other hand, the applied scientific approach serves as a guideline for filling legal gaps in the Hungarian PIL Code. In addition to this, the article gives an overview of the Hungarian judicial application of PIL rules emphasizing the eclectic and contradictory character of the jurisdiction in Hungary.