دورية أكاديمية
The Constitutional Context of Freedom of Contract – With a Look at the Basic Conditions for the Legislative Organization of the Civil Development of Private Law
| العنوان: | The Constitutional Context of Freedom of Contract – With a Look at the Basic Conditions for the Legislative Organization of the Civil Development of Private Law |
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| المؤلفون: | Imre Juhász |
| المصدر: | Erdélyi Jogélet, Vol 4, Iss 3, Pp 65-78 (2024) |
| بيانات النشر: | Scientia Publishing House of the Sapientia Hungarian University of Transylvania, 2024. |
| سنة النشر: | 2024 |
| المجموعة: | LCC:Comparative law. International uniform law LCC:History of Law |
| مصطلحات موضوعية: | historical constitution, full court decision of the curia, freedom of contract, ight guaranteed by the fundamental law, constitutional complaint, Comparative law. International uniform law, K520-5582, History of Law, KJ2-1040 |
| الوصف: | A typical example of the achievements of Hungary’s historical constitution is the legal background – referenced in this study – provided by the contemporary Hungarian procedural law, which established the framework for the development of the uncodified Hungarian private law until the end of World War II in the 19th and the 20th centuries. This framework – in particular the role and practice of the Curia – sometimes posed a challenge for Grosschmid, which he did not ignore. For example, in the context of a Full Court Decision, he explained that the Curia is not entitled to set existing laws aside, even if it considers them obsolete. The historical constitution has taken on a new function of interpretation of the Fundamental Law as of 2012, and this makes the Constitutional Court’s decisions relating to Article M of the Fundamental Law and freedom of contract particularly interesting, of which this paper presents those that have perhaps received less attention so far. From these decisions, it can also be concluded that, as freedom of contract follows from Article M and Article XIII(1) of the Fundamental Law, it is not considered a fundamental right, but it enjoys the protection of the Fundamental Law as an independent constitutional right and is a right guaranteed by the Fundamental Law, the violation of which is a ground for a constitutional complaint. |
| نوع الوثيقة: | article |
| وصف الملف: | electronic resource |
| اللغة: | Hungarian |
| تدمد: | 2734-7095 |
| Relation: | https://www.jogelet.ro/index.php/eje/article/view/342/278; https://doaj.org/toc/2734-7095 |
| DOI: | 10.47745/ERJOG.2023.03.06 |
| URL الوصول: | https://doaj.org/article/4a1df8b1ad434ef0ab8daca3c8e5e746 |
| رقم الأكسشن: | edsdoj.4a1df8b1ad434ef0ab8daca3c8e5e746 |
| قاعدة البيانات: | Directory of Open Access Journals |
Full Text Finder | تدمد: | 27347095 |
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| DOI: | 10.47745/ERJOG.2023.03.06 |