Search

In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the majority opinion, since it envisages different sets of rules for each regime of liability. Taking into account the existing duality of the rules in the Act, which significantly differ on major points, the key issue is the overlap of contractual and tortious liability, namely rules of which system of liability should apply if the injured party may base their claim on both (so-called concurrency of claims). Lacking an explicit rule in the Obligations Act, the majority asserts that the regime more favorable to the injured party should apply, which corresponds to the German solution. The inspiration for this paper is found in the new Hungarian Civil Code from 2013 which, in contrast to its predecessor, the 1959 Civil Code, and the Serbian Obligations Act, contains an explicit rule on the concurrency of claims in contract and tort. It prescribes a mandatory application of the rules of contractual liability even when the inflicted damage supports the application of the rules of the liability in tort. Such an approach is in line with the French non-cumul doctrine. The aim of this paper is, on the one hand, to initiate a discussion whether it would be reasonable to have a statutory rule in the Serbian law regulating explicitly the issue of concurrency of claims in contract and tort. On the other hand, the paper highlights the reasons that led the legislator in Hungary to prohibit the concurrency of claims. The solution of the new Turkish Code of Obligations from 2011 is mentioned in the paper, as well, which also contains an explicit rule on this subject matter. However, it took a diametrically opposite standpoint as the Hungarian Civil Code: it explicitly enables competing claims not only in contract and tort, but according to any set of rules granting redress to the injured party. Finally, the paper gives a review of the Project of the Reform of the French Code Civil concerning the rules of the liability for damage from 2017. The Project envisaged a rule that would codify the traditional stand-point of the case law and doctrine on the exclusion of the concurrence of claims and mandates the application of the rules on contractual liability. The Project specifies, however, some major exceptions, when regardless of the existence of a contract between the parties, the rules of tortious liability apply. For the time being, however, it seems that a genuine will of the legislature is lacking to embody the Project in the amendments of the Code civil. [ABSTRACT FROM AUTHOR]

The paper briefly talks about the investigating judge as a new important subject of the Hungarian criminal procedure. Until introducing the institute of the investigative judge the Hungarian criminal procedure did not have a court organ in investigation, which was entirely in the competence of the public prosecutor. The paper is divided into four major parts. In the first part the author points onto the dilemmas that have been raised in the preparatory work of the new Criminal Procedure Code regarding the need and the model of the investigating judge. In competition with the model of a classical investigating judge the investigating judge as a human rights judge got more support. In the second part the author elaborates on the competences of the investigating judge. In the third part the ways of bringing decisions by the investigating judge are considered. The forth and final part is devoted to short concluding remarks in which the author highlights that the investigative judge is an important organ in providing for the legality of prosecution and maintaining human rights in the pre-criminal procedure. [ABSTRACT FROM AUTHOR]

In Hungary, in 2020, political debates about the system of local self-government flared up. According to some mayors, government measures taken by the shock of the pandemic, primarily those that limit the independent revenues of local governments, will lead to the return of the system of socialist councils and the abolition of local governments. ' Namely, the government claimed that the measures taken wanted to alleviate the tax measure of the company by the shock of the crisis, while the opposition believes that these measures are an expression of revenge towards those local governments headed by representatives of opposition parties. In 2018, those parties achieved electoral success, for which, according to the claims of their leaders, the local self-governments they lead are now being punished in such a way that they are deprived of their main sources of independent income. In their view, at the same time, government revenues that the government still wants are "compensated from central sources. The debate is not new and fits well into the efforts expressed in the process of complex local government reform in the last decade." On the one hand, as a number of measures, centralization and limitation of the scope and powers of local authorities are undertaken, and on the other hand, as activities necessary to prevent local government borrowing and increase their efficiency. and from a scientific point of view, it is worth looking back at the period of the fall of socialism and regime change (transition), and then write down the constitutional laws starting from 2011. [ABSTRACT FROM AUTHOR]

The aim of the research is to cast light on the legal regime of the mining area land in medieval Serbia and to answer to what extent Saxon customary mining law was accepted in this aspect and what the ratio legis of article 123 of Dušan's Code was It seems likely that until the enactment of Dušan's Code it was possible to occupy land cleared for mining purposes and to acquire property of the mining area, which was previously res nullus. However, Dušan's Code changed this rule prescribing only the possibility of acquiring the time limited mining concession, which was moved by possible permanent monopolization of the land in the mining areas. At the same time, the Code proclammed the right of ore search and exploration on the feudal lords land Similarities to the older Hungarian and Czech law indicates legal transplantation The mining concession was regulated in Despot Stefan's Mining Code for Novo Brdo, which prescribed detailed rules for losing the concession in the case of neglecting the mining active. Based on similarities one can assume that these rules were mostly the reception of the Saxon customary mining law, also written in late medieval mining laws of Hungary and Czechia However, the small differences may show that after one and a half century the Serbian mining community introduced its own unique rules Research is based on linguistic, systematic and historical analysis of the sources as well as the regressive analysis and comparative method. [ABSTRACT FROM AUTHOR]

The subject of analysis in this article is the fate of the economically very important possessions that Despot Djurdje Brankovic had in Hungary. These property was quite distant from the Serbian ethnic space. It would have been said that Jovan Hunjadi, under the mask of pignus, avoided the possibility that the Serbian Despot would accuse him of taking possession ofproperty, of blackmail, of coercion. The Hungarian rulers intensively used Brankovics inability to efficiently control the estate that he had nominally owned. Despot had his property, but not in the reality. He formally possess something that he did not actually own, and he could never independently control it. [ABSTRACT FROM AUTHOR]

Muslim population was present in medieval Hungary since the conquest of Pannonia by the Hungarians. There are various theories about their origin. Hungarian Muslims were most often referred to az Petcheneguesm, Kalizes, Kwarezmies, etc. they also found their place in the legal system of the country. Very severe laws on Muslims in Hungary were adopted by king Laszlo I and his successor Coloman in 1092. and at the beginning of XIIth century. These laws prohibited newly converted Muslims of practising their old faith, marriage between Muslims was prohibited, and they were forced to eat only pork. In every village where the islamic population had lived a church was to be built. A prominent Muslim traveller Abu Hamid, who lived in Hungary between 1150-1153. taught his fellow Muslims about their, faith, language and law of inheritance. We do not know much about it, but it can be presumed that followers of islam in medieval Hungary had sufficient internal judicial autonomy. In 1217, as well as later, there were three ordeal cases in Varad registre which consider Muslims as a part in the litigation. In all three cases Christians were accused by the Muslims. Even though the laws were harsh and severe and conversion was always present the Muslim population has successed to persist in Hungary until late XIIIth century. Their legal position was interesting and sepcific. [ABSTRACT FROM AUTHOR]

Regulation on civil rights and liberties -- predominantly in programs -- have ever since occupied an important part of the documents of the Serbian National Movement in South Hungary in 1848-1849. These documents had characteristics of constitution drafts, although not all of them were equally concentrated on that subject matter. Primarily in the first half of the Movement, in March and April 1848, these documents included numerous requests, national petitions, further the Decisions of the May Assembly and later on various drafts of constitutional content. Civil rights and liberties were mainly dealt with in documents of Stefan Radičević and in documents of the constitutional committee. Personal, but also political rights. Like the freedom of press, opinion end speech, the liberty of meetings and unions preoccupied the first place in theses documents. Since the Serbs fought primarily for their national rights and liberties these were assigned an important standing. The declaration of equality of all nations that lived on the territory of the Serbian Woiwodina, further the proclamation of international tolerance, freedom and equality of civilians -- regardless of their confession and nationality -- their right to preserve nationality, to be educated in their mother-tongue, to use their native language and writing in communication with authorities ranked high. [ABSTRACT FROM AUTHOR]