A bonus ec diligens pater familias 20. századi alakulása a német családjogban

The process of women’s emancipation in European legal culture can be divided into three major periods according to their defining issues and objectives. The findings of the following study refer to the period from the beginning of the 20th century to the present day, which is usually identified in the literature as the second wave, and then as the third wave from the 1990s onwards. The turning point between these two stages is the thirty years after 1950, when the social, personal and family legal status of women changed significantly in Europe. The demands of the third wave, the ’modern emancipation movement’, which are still ongoing today, are of a different nature and are primarily sociological rather than legal nature. Although the topic of feminism is popular and has been dealt with in many ways in the Hungarian social science literature too, this study is nevertheless suppletory as I present the German marriage and family law reforms by means of the historical legal analysis, which will be supplemented in later studies by a comparison of Austrian and Hungarian law for the same period.

A Német Szövetség váltójogi jogalkotása és annak hatása az Osztrák Császárságra és a Magyar Királyságra

Among the 19th century’s European legislative and codification processes nowadays’ jurisprudence is happy to highlight the creation of civil codes as a milestone in the development of civil law, however, we must not forget the flourishing of another, at least as important branch of private law: the commercial law. In parallel with the growth of overland and sea trade, with increasingly diversified commercial relations, commercial transactions developed, which may have served as a good basis for the development of private law. This study is the first in a series of commercial law history studies and presents the sources of different laws on bills of exchange in the German territories and the harmonizing legislation of the thousand-faced German Confederation, as well as its impact on the Austrian Empire, such as the Austrian law on bills of exchange and the Hungarian Kingdom's vicious, but ultimately rewarding independent legislative aspirations.

Die dogmatische Stelle und die Rolle des Kindesalters in der modernen ungarischen Rechtsentwicklung

According to the provisions of the Criminal Code in force, in the case of violent offenses listed in the law, young offenders aged 12-14 who have the ability to recognize the consequences of a crime may be punished as well. Ability of discernment is not a new concept in our criminal law; this study describes the change in the content of this concept and the development of the criminal regulations on childhood, referring to the practical problems of applying the law in force.

A házasságon kívül született gyermek jogállása különös tekintettel a tartásdíj kiszabásának bírói gyakorlatára 1945 és 1950 között Magyarországon

There was a legal differentiation between children born in and out of wedlock in 1945. The Hungarian State recognised that this differentiation was outdated, thus the Act XXIX of 1946 on the legal status of children born out of wedlock came into force on June 7, 1947. The aims of the Act were that it should cease the differentiation between children born in and out of wedlock and their legal status shall be equal to legitimate children, and the children born out of wedlock (illegitimate children) shall be related to their fathers and their fathers’ kin. It was the first comprehensive regulation regarding child support that came into effect. The study presents the regulations of child support between 1945 and 1950 in Hungary and discloses the court practice regarding child support of the District Court of Zalaegerszeg in the designated period.

A „per viam instantiae” perek az erdélyi református házassági jogban

This article aims to analyse the “per viam instantiae” cases in the matrimonial jurisdiction of the Reformed Church in Transylvania. Until the introduction of civil marriages in 1895, denominations had the right to declare the marriage of their members in Transylvania in the second half of the nineteenth century. All this time, in the motherland, these cases fell under the jurisdiction of civil courts, and the canon law did not recognise the dissolution of marriage. Therefore, it was easier to get divorced in Transylvania than in the other parts of the Austro-Hungarian Empire. Due to this difference between the rules in the field of matrimonial law, the matrimonial courts of the protestant churches were the goal and an opportunity for the people who wanted to get divorced.

Márkus Dezső a nőkérdésről II.

This paper shows the standpoints of the representatives of the legal practice about women’s legal status in Hungary between 1867 – 1918. The actuality of the examination was the fact that the drafts of the first Civil Code in Hungary (1900 –1928) were under editing at the same time. The articles about alimony and jointure are described in this paper. The study shows the attitude of the members of the legal profession towards the extension of women’s rights and the significant contradictions in case law.

A szülői felügyelet szabályozása a magyar jogfejlődésben

The purpose of this paper is to briefly present the development of legal regulation and judicial practice of parental responsibility in Hungary, from the age of the so called traditional law before 1848 until the entry into force of the new Hungarian Civil Code in 2014, including some outlook to the concurrent progress in other European countries. The study shows how paternal power turned to parental power in the 19th and then parental responsibility in the 20th century, and particularly examines that in case of divorce or break-up of the parents, which parent, on what grounds and in what type of procedure was empowered to exercise – elements of – parental responsibility.

A szórvány magyar tanköteles gyermekek családon kívüli elhelyezése Baranyában az 1941–1942-es tanévben

The framework for the placing of Hungarian compulsory school children outside the family was based on the 25.360/1941. Religion and Public Education Ministerial decree, which constituted new provisions from the 1941/1942 school year for the education of native Hungarian children living in non-Hungarian environment. The reason for issuing the decree was the growing demand of the nationalities for education in their native language, which the Hungarian state – after the failure of the unified education system introduced in 1935 – made available to them in 1941. This measure was supported by nationalities as well, but at the same time we must not forget that the Horthy-era represented a strong national policy, and the patriotic, national education began in elementary school. Thus, the education of Hungarian children could not be neglected while striving to fulfil the needs of nationalities. According to paragraph 1 of the 25.360/1941. Religion and Public Education Ministerial decree on the education of Hungarian children: ‘A native Hungarian compulsory school child living in Hungary, who stays in a not native Hungarian environment must be educated in a Hungarian school or class, by a traveling teacher, in a Hungarian boarding school, or in another native Hungarian environment.’ The placing of children outside the family was only necessary if there was no school with Hungarian educational language in the municipality, because in that case ‘a native Hungarian child living in the municipality (city) can only be sent by his or her tutelary to such a school, until reaching the age of compulsory schooling.’ In accordance with the decree, from the summer of 1941 the Education Inspectorate collected data on the native Hungarian compulsory school children who lived in a non-Hungarian environment to provide them enrolment elsewhere. The first version of the options listed in the decree (Hungarian school or class in municipality) is not the subject of the study, since in that case, the child remains in the family. The second version – a traveling teacher – would not cause change either, but I did not find any example of this in the archives anyway. What may be more interesting in the terms of Family law is the placing in a boarding school or with a family of a relative or acquaintance in native Hungarian environment - this is indicated by the phrase in an otherwise ‘native Hungarian environment’. I give examples of these cases – boarding school and placement in Hungarian families – from practice based on archival records.