Research Group on Private Law

Research Directions of the Private Law Research Group

 

TÁMOP can spur to establish a Private Law Research Group that would deal with public welfare and governing (such as civil law, private international law, civil procedure law, commercial law, intellectual property).


The new Hungarian Civil Code has been accepted in 2012, for this reason the XXIth century commercial law and the some of the areas of state legislation are to be re-evaluated and placed on a new basis. This includes the question of civil and public law regulation and that of regulation by achieving a certain company law through public law, or the composition of private law regulations built on the Civil Code. The commercial law has been renewed both in Germany and Austria in the last ten years, and has been improving towards company law, which places a rather great emphasis on regulation of outer relations besides the inner ones of the company. It is also very important to examine the legal effects of those facts which influence the daily activities of companies, such as accounting and tax law. Placing back of accounting shows to the reality of civil law procedures a highly different way of fiscal thinking opposing to the accounting way of thinking of taxing and budgeting. Accounting is a way for the abstraction of economical processes which should be based on reality of economical processes, contracts and legal transactions. State regulation ought to also move towards this direction.


Areas worth considering in connection with the state's taking role in economics are ways of regulation intellectual properties: the state can help the innovations energising economical efficiency by providing suitable legal atmosphere; but with the exaggerated defense it can also concrete unnecessary monopolies. These questions also are to be approached only within the atmosphere of international and European law.


One of the assurances of economics working properly is that the state would provide opportunities for the people taking part in economical life to enforce their demands. The role of the state in this area cannot go against the independence of judges therefore this should take place in proper legal atmosphere. During the period of time, in which the strengthening of "privatization" of legislation, i.e. the discussion about the overtaking of alternative dispute resolution (e.g. arbitration proceeding, mediation) is worldwide experienced, it has become more and more important to examine the question that what kind of advantages can be provided and how it can be made attractive for those not preferring alternative dispute resolution (private civil justice) over court procedures (public civil justice) by state legislation as the counterpoint of this latter process mentioned above. This process can also force the increase of efficiency on the side of the state, and so to compose rules or to re-think the available regulations concerning fast and simplified procedures (such as small claims and order for payment procedures) would become unavoidable.


With entry into force of the Amsterdam Treaty a closer cooperation in civil and commercial matters have begun between the member states, and as a result of this, the international private law is phased up with help of secondary legislations (regulations). The difference between the legal systems of the member states has been gradually demolished and therewith simplified the way of determining the applicable law within cross-border legal relations.


The Hungarian private international law is to be researched as embedded in the community law by highlighting some meeting-points, such as the problems of jurisdiction in civil, commercial and certain family cases; the determining of the law applicable to contractual and non-contractual obligations, and to divorce and legal separation. Besides the assessment of EU frames, it is necessary to research the enforcement of Hungarian private international law on the areas so far untouched by the EU regulations, and also the extension and applicability of the imperative norms/public policy clause which helps to express national public interest (and is considered as an instrument of national sovereignty). The newest efforts of community legislators would also be examined especially through considering and comparison of class action procedures.


The examination of WTO and other international legal instruments which limit the economical role of the state in the area of international law, presents itself as important research field as well.


The work of the Private Law Research Group is connecting among the goals/activities enumerated in the Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities with combining economic, social and environmental objectives in a European perspective.

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