A simile… A román−magyar viszony és tanulságai az alkotmányjog-történet tükrében

Author(s): Zoltán József Fazakas / Language(s): Hungarian Issue: 3/2020

The study undertakes to clarify some basic issues that have been erroneously recorded in the public consciousness, to make a kind of confrontation in order to take the initial steps of improving the Romanian−Hungarian relationship. In order to achieve the above goal and basic thesis, it is a primary task to illuminate and banish the mistakes and myths recorded in the public consciousness from both sides. In this context, it is revealed that neither the topos of the “millennial Hungarian oppression” simplified to the extreme nor the thesis of the “slow − anti-Hungarian − Romanian national occupation” can be held. In the interest of constructive dialogue, it is worth returning to the position that prevailed in the Hungarian reform era, and even at the time of the unification of the Romanian states, according to which the interdependence and commonality of destiny of the two peoples is a real and common path. To this end, the study uses legal history to present the original meaning of nationalism, the majority and minority arguments made during the drafting of the Hungarian Nationality Act of 1868, the models that can be interpreted in the majority−minority relationship, and the relationship of the two states to these models then and in the present day. In this context, the constitutional conceptions of Hungary and Romania are analysed in connection with the minority issue with the intention to prove the legitimacy of the needs of the Hungarian minority. The basic premise of the study in this area is that if a minority demand was legitimate from the Hungarian side within the Hungarian state, then the argumentum a simile from the Hungarian side is necessarily legitimate within the Romanian state.

Fejezetek Erdély huszadik századi jogtörténetéből

Author(s): / Language(s): Hungarian Issue: 3/2020

On 20 November 2018, the Hungarian Museum Association of Transylvania and Sapientia Hungarian University of Transylvania organized a round table discussion on the legal history of Transylvania. The event took place as part of a series of events on the Hungarian Science Day in Transylvania, at the Sapientia building on Calea Turzii Cluj-Napoca. The participants were Dr Gyula Fábián (minority law), Dr Zsolt Fegyveresi (constitutional history), Dr László Nánási (history of criminal law), Dr Zsolt Kokoly (history of legal education), Dr János Székely (history of civil procedure law), and Dr Emőd Veress (history of civil law). The event was moderated by Előd Pál. The participants presented their research studies related to the legal history of Transylvania and explored the legal and social situations of the past hundred years.

Finkey Ferenc egyes nézetei a bűncselekménytan köréből

Author(s): István Ambrus / Language(s): Hungarian Issue: 1/2021

In my article, I examine some of legal opinions of Ferenc Finkey’s with regard to substantive criminal law, from the perspective of today’s criminal lawyer. I present the concept of criminal offence in Finkey’s works, dealing with the issues of unlawfulness and guilt, also pointing to aspects not discussed in the previous literature. In the case of the act of trying to kill a dead person, my opinion is that it is more proper to establish criminal liablity for an unsuitable attempt of homicide instead of excluding liability. Regarding to the continued offence, I accept the the young Finkey’s position, while with regard to the concurrence by one act, I do not agree with Finkey at all. My conclusion is that Ferenc Finkey’s books and articles would be welcome for today’s criminal lawyers to get acquainted with them as well.

Finkey officialitás-elméletének hatása a magyar büntetőeljárásra

Author(s): Júlia Dóra Batta / Language(s): Hungarian Issue: 1/2021

There has been a lot of controversy among the Hungarian jurisprudence regarding the creation of the new Hungarian Criminal Procedure Act. It was also raised whether there was a need for a new code of procedure at all, whether it was not enough to adapt the existing regulations of the old Criminal Procedure Act to the new Criminal Code.The Criminal Procedure Act, which has been in force since July 1 2018, may seem a distant start compared to Ferenc Finkey's work, but we will see that knowledge of the legal history and the processes involved are essential to understanding the changes in the present.This is specially true for changes that affect the principles on which criminal proceedings are based. One of the biggest changes in the new Criminal Procedure Code – at the level of the priciples – is undoubtedly the relegation of the principle of official proceedings to the background, as it often turns to opportunism rather than officiality in order to increase simplification and efficiency.In fact, in his work, Finkey has already perfectly described the mechanisms that we can discover in today’s changes. Perhaps it is no exaggeration to say that his work may have provided a basis for fundamental changes in the new Criminal Procedure Code. His theories presented in this study shed excellent light on the dynamics that have permeated all areas of legal history in law and on the processes that, if we recognize them help us understand why it is necessary for our laws to be recreated sometimes.All in all, we can see that the principles are never of absolute value, but their meaning is constantly changing, as the legislatorial ways breath in the spirit of the current age. When these principles are no longer able to keep up with change, they must be re-formed. And if we are to form such an important principle, we need to enforce a new vision throughout criminal proceedings that makes it necessary not only to make amendments to the Code of Criminal Procedure but also to create a whole new law.In order to see the real effects of the present innovations and the actual processes it has initiated in our criminal procedural law, a comprehensive analysis of the practice will be needed. We need to examine how quickly law enforcement can respond to the loss of space in centuries-old traditions. It may also be a question of whether we can talk about a real loss of space at all, as it is also conceivable that the principle of officiality has narrowed at the level of the normative text, but the old routine, attitude, and instincts live on in the application of law. The outcome of this examination may also raise important questions, including legal certainty. It is essential that once our procedural law has reached the point where it had to be born again, the application of the law be reborn with it.

A bizonyítási eszközök fejlődése Finkeytől napjainkig

Author(s): András Péter Bodnár / Language(s): Hungarian Issue: 1/2021

In my short essay, I tried to present the changes in the criminal procedure law of the last one hundred and fifty years, the means of proof, and, wherever possible, to find a connection, as well as Ferenc Finkey's work, who was born 150 years ago. It can be said about Finkey’s work, his textbooks that his conception of material and procedural law marked a new era in Hungarian scientific life. He established a modern system, proclaiming the principles that meet the theoretical and practical requirements of a modern criminal procedure based on individual freedoms, acquiring a state-of-the-art approach with a European perspective. As a result, his views are not let out of the latest scientific life either. His theoretical conception and dogmatic theorems still define legal thinking.

Finkey Ferenc, a kálvinista büntetőjogász

Author(s): Andrea Domokos / Language(s): Hungarian Issue: 1/2021

There is a strong Calvinist spirit in the professional work of all our Reformed Church criminal lawyers. Educating offenders, involving them in work, helping prisoners, helping and protecting those at risk played a primary role in their response to crime. Finkey’s approach was in harmony with this tradition. He was convinced that without the involvement of the society, without the active help of the churches, there would be no effective crime prevention. He emphasized the importance of education, arguing that education is necessary not only for juvenile offenders but also for the adults. Following the North American “reformatory school”, he called for establishing correctional institutions in Hungary, as many as possible.

A favor defensionis elve Finkey korában és napjainkban

Author(s): Balazs Elek / Language(s): Hungarian Issue: 1/2021

The principle of favor defensionis (principle of protection) nowadays basically expresses that the Criminal Procedural Act seeks to eliminate and somewhat compensate for the disadvantage of the accused by certain detailed provisions. In dubious cases, the law is interpreted in favour of the accused in the spirit of the principle, even against the equality of arms principle. By this principle, Finkey meant cases where the rules of procedure allow for multiple interpretations, in which case they must be interpreted in favour of the accused. The principle also often appears in today’s law enforcement.

Az igazságügyi gyermekvédelem fejlődése Finkeytől napjainkig

Author(s): Barbara Katalin Herke-Fábos / Language(s): Hungarian Issue: 1/2021

Child protection in justice is designed to prevent crime among children and juveniles, to keep them away from further crime, and to reintegrate young offenders into society. So, it also covers the areas of prevention, enforcement, and aftercare.As early as the beginning of the twentieth century, it was recognized that child protection covers the elimination of a child’s financial vulnerability, the prevention of moral misconduct, and the representation of the interests of both orphans and the unhealthy. The country’s opportunities have been influenced not only by political ideologies but also by the human and material casualties suffered as a result of the two world wars.The current focus of child protection in justice is always on socio-economic and political problems. Examining the personality and family relationships of juvenile offenders also went a long way in the designated period. The protection of children in justice also affects the areas of administrative law, criminal substantive and procedural law, and criminology. At the end of the paper, I compare the institution of patronage and the preventive patronage.

Finkey Ferenc, az első magyar pönológus

Author(s): József Pallo / Language(s): Hungarian Issue: 1/2021

The Trianon Peace Treaty had a profound effect on the social and governmental structure of Hungary. These changes, of course, also influenced the field of corrections and actually altered some of its key aspects as well. The author will recall several key penological concepts and ideas from the era to provide an introduction to the philosophical foundations of the establishment of correctional legislation and the resulting substantive changes that occurred. Moreover, a detailed analysis will be provided on the system of enhanced severity workhouses, an emblematic punitive measure that addressed the unfavourable criminological tendencies of the 1920s, which emerged as consequences to the Trianon Peace Treaty. The essay will conclude with deducing the generalized historical, legal, and moral lessons and conclusions pertaining to this peculiar period of Hungary.

Finkey Ferenc hatása a kriminálpedagógia fejlődésére

Author(s): Péter Ruzsonyi / Language(s): Hungarian Issue: 1/2021

Ferenc Finkey’s scientific achievements and human qualities have made him one of the most prominent personalities in the field of legal sciences and prison affairs. He did not, of course, begin his epoch-making activity in a “vacuum”, so we consider it important to present the antecedents, the penological initiatives of the early 19th century, focusing on youth protection and work in prisons, and we describe the social and political reasons that supported or made it difficult for Finkey’s ideas to emerge. The fall of the Hungarian Soviet Republic had tragic consequences for criminal pedagogy trying its wings. We have gathered a bouquet of human and professional reasons why Finkey has distanced himself from the spirituality, events, and aspirations of the Hungarian Soviet Republic in every way. Fortunately for criminal pedagogy, Finkey’s professional career and scientific aspirations were not broken by the proletarian dictatorship and the subsequent ideological retaliation. Finally, we prove the greatness of Ferenc Finkey's theoretical system in criminal pedagogy by using the ideas formulated in his own work Punishment and Pedagogy, which is considered to be the most important one for the topic of our study.

A párviadalok jogi és erkölcsi megítélése a reformkortól a XX. század közepéig

Author(s): András Szabó / Language(s): Hungarian Issue: 1/2021

The role of duels changed a lot throughout history. Based upon observations, most duels resulted from personal grievances. Duels were present even in the mid-20th century in Hungary.In the 20th century, duels were one of the greatest dilemmas of justice. The public opinion accepted duels, but the legal profession condemned them, mainly because of the possible negative consequences.In my study, I will present most of the legal provisions for duels both in Hungary and in Europe, the ethical Code of duels, and the most important lawyers, opinions on duels. Finally, I will explain the main reasons that had led to the decline of duelling.

A tiszazugi arzénes asszonyok és a pereikben hozott halálos ítéletek a Kúria előtt

Author(s): Árpád Varga / Language(s): Hungarian Issue: 1/2021

The arsenic poisonings of Tiszazug were committed in Hungary at the beginning of the 20th century. They cannot be considered unique despite the fact that they have many specialities. The forensic speciality of this homicide series is that crimes against human life in this area occurred in a significant number for almost two decades in small communities. The vast majority of the victims were close relatives of the perpetrators. Another peculiarity is that the victims were typically men, and the vast majority of perpetrators were women.The III. Council of the Hungarian Royal Court led by Ferenc Finkey had to make a final decision in 12 arsenic criminal suits and sentenced five women to death from Tiszazug.

A magánjog (polgári jog és kereskedelmi jog) kodifikációja Moldovában (Besszarábiában)

Author(s): Gábor Hamza / Language(s): Hungarian Issue: 1/2022

„Ez a helység a táblának van szánva”

Author(s): Kristóf Mihály Heil / Language(s): Hungarian Issue: 1/2022

Fegyveresi Zsolt, Veress Emőd (szerk.): Történelmi bírósági épületek Erdélyben, Forum Iuris Könyvkiadó, Kolozsvár, 2021. 233 old

A kora középkori alemann törvénykönyvekről

Author(s): Előd Pál / Language(s): Hungarian Issue: 1/2022

Nótári Tamás: A kora középkori alemann törvénykönyvek: Pactus Alamannorum – Lex Alamannorum. Szeged, Lectum Kiadó, 2020, 190 oldal

Sobri Jóska, a leghíresebb bakonyi betyár

Author(s): Elemér Balogh / Language(s): Hungarian Issue: 3/2021

In the beginning of the year 1837, the hunt started to catch Jóska Sobri, the famous Hungarian outlaw, and his gang. The then palatine ordered military forces to track them down and promised high reward for capturing them. The outlaw gang was hiding in Bakony Forest and had little chance against the soldiers. Not even Sobri and his closest fellow gang members could slip through the territory encircled by the authorities in Tolna County, close to Lápafő, on 17 February 1837. In the gunfight, Sobri has most probably died, but this has never been proven. He disappeared, and the myth was born in outlaw folklore, according to which he is alive even nowadays. Recently, a movie has been produced about his life, and there is also an adventure park in Bakony Forest named after him.

A büntetőjog alkotmányos alapjai és gyakorlata, valamint a kisebbségi magyarság az 1918–1938 közötti Romániában

Author(s): Zoltán József Fazakas / Language(s): Hungarian Issue: 3/2021

Pursuant to the First World War, Romania’s territory increased, and thus it inherited a complex social, economic, and legal environment different from that of the predecessor states. The Romanian state’s response to these challenges is to be found in the political goal of building a homogeneous nation-state. This political agenda has had an impact on all areas of law, not only on legislation but also on the application of the law. The use of essentially ethnically neutral legal instruments of criminal law for state policy purposes can also be seen as an element of exclusionary nationality policy. The Romanian state’s actions have thus not only failed to resolve existing internal tensions but have also made the relations between the majority and minorities, as well as the possibility of consolidation impossible for the past century.

Óvári Elemér kolozsvári ügyvéd életéről és haláláról

Author(s): Emőd Veress / Language(s): Hungarian Issue: 3/2021

Attorney Elemér Óvári was a legendary figure of Cluj in the first half of the 20th century. His professional, civic organizing activity and his magistral skills of organizing pranks were legendary in the Austro-Hungarian Monarchy and later in Romania. The salon, run with his wife, Olga Purjesz, was a prominent centre of cultural life in Cluj. This study seeks to reconstruct the life of Elemér Óvári and the tragic events that took place in October 1944 in Cluj, in the context of the Soviet army’s invasion and of the efforts to protect the city from the fighting.

Az időtényező különös jelentősége az ingatlanok elbirtoklásának romániai szabályozásában

Author(s): János Székely / Language(s): Hungarian Issue: 3/2022

In our study, we describe the regulation of the institution of adverse possession in Romania from a legal historical point of view. We present the main structures of adverse possession in the norms codified on the basis of Austrian and French models, as well as those influenced by Hungarian customary law, during the 19th and 20th centuries. We monitor the evolution of the conditions necessary for adverse possession based on good faith, legitimate title or registration in a real estate registry, or even bad faith de facto possession. We conclude that the temporal variability of the regulation of adverse possession and the overlapping of different adverse possession systems create legal uncertainty, especially in the light of the divergent practices of the High Court of Cassation and Justice and the Constitutional Court. According to our conclusion, this legal uncertainty will not cease without the restoration of the registration principle of the real estate registry.

Un pranzo a Napoli di F. C. von Savigny. Fantasia

Author(s): Chara Argyriadis / Language(s): Italian Issue: 09/1990