scholarly journals Remarks on István Szászy (1899-1976), on the General Part of Hungarian Civil Law and the Role of the Comparative Method in Private Law

2021 ◽  
Vol 71 (1) ◽  
pp. 5-22
Author(s):  
Emőd Veress ◽  
Keyword(s):  
Comparative Method ◽  
Civil Law ◽  
Private Law ◽  
High Quality ◽  
International Private Law ◽  
Legal Thinking ◽  
General Part ◽  
Do So

István Szászy was one of the most versatile creators of Hungarian legal thinking. We remember him primarily as a scholar of international private law, but he also published many high-quality private law works before 1949. In 1949, István Szászy's career as a private lawyer was interrupted for political reasons in the context of Soviet-type dictatorship. His person has been partially ignored by history, while his work as a private lawyer has been disregarded altogether. Therefore, it is worth examining the reasons for the disregard he has been shown and determining whether the oeuvre's private law program is worth re-acknowledging, rehabilitating, and completing. In order to do so, we must discuss the general part of Hungarian civil law and the comparative method’s incidence, as the importance of this issue extends beyond Szászy’s work.

LEGAL POWERS IN PRIVATE LAW

Legal Theory ◽  
2015 ◽  
Vol 21 (3-4) ◽  
pp. 136-155 ◽  
Author(s):  
Christopher Essert
Keyword(s):  
Final Section ◽  
Private Law ◽  
Careful Attention ◽  
Normative Structure ◽  
The World ◽  
Do So

ABSTRACTThis article explores the nature and role of legal powers in private law. I show how powers are special in that they allow agents to change their (and others’) legal circumstances merely by communicating an intention to do so, without having also to change the nonnormative facts of the world. This feature of powers is, I argue, particularly salient in private law, with its correlative or bipolar normative structure; understanding powers and their role in private law thus requires careful attention to this correlativity. In the final section, I argue that the correct explanation of a variety of substantive problems in private law, many having to do with the role of a party's intention, turns on correctly understanding legal powers.

Comparative Law and the Europeanization of Private Law

2006 ◽  
pp. 538-578 ◽  
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Comparative Law ◽  
European Court Of Justice ◽  
Private Law ◽  
Future Trends ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Do So

The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process and will continue to do so. This article discusses the Europeanization of private law as a new and challenging task for comparative law. The second section considers the Europeanization of private law, describing the creation of the European Union and the role of the European Court of Justice. The third section discusses European legal scholarship. The fourth section cites the contributions of comparative law. The last two sections discuss current and future trends for the European private law.

DO HIGH-QUALITY RESTAURANTS ACT AS PULL FACTORS TO A TOURIST DESTINATION?

2021 ◽  
Author(s):  
Natalia Daries ◽  
Estela Marine-Roig ◽  
Berta Ferrer-Rosell ◽  
Eduard Cristobal-Fransi
Keyword(s):  
Management Strategies ◽  
Pull Factors ◽  
High Quality ◽  
Tourist Attractions ◽  
Culinary Tourism ◽  
High Level ◽  
Tourism Flows ◽  
Level Of Importance ◽  
Do So

Tourists travel because they are pushed by their internal motivations and attracted orpulled by certain elements and features of destinations. However, a growing number ofdestinations have similar tourist attractions and need to differentiate themselves. Theaim of this study is to unveil the power of high-level culinary tourism, focusing onMichelin-starred restaurants, as a pull factor and generator of tourism flows, as well as to create a model to quantify the level of importance of these high-quality restaurants asnuclei of a destination. The gastronomic and culinary industry is one of the mosttraditional sectors in most economies and is now becoming a fundamental element inattracting tourism and promotion. In this study, we argue that certain types of business,such as high-quality restaurants, can generate tourism flows in their own right within acontext where the role of tourists and enterprises has shifted from a passive to an activeone, in which companies actively seek to become destination pull factors. A quantitativesurvey questionnaire with structured questions was applied to customers of high-qualitySpanish restaurants, specifically Michelin-starred, with 432 valid responses. The resultsshow distinctive motivations of customers who travel mainly for the restaurant andthose who do so for the destination. They also show the importance of the nucleus(restaurant) as a factor of attraction to the destination, but also the importance of thedestination/surroundings to the nucleus. These findings provide valuable informationand insights for culinary tourism in the future, both for culinary companies and fordestination managers, who can then adjust their marketing and management strategies,emphasizing the need for mutual collaboration. The findings may also be helpful toinstitutions and to communication managers of the destinations to improve theirpromotion and communication strategies, to diversify supply in mature destinations, andto deseasonalized demand.

Foreseeability of Damages in the United Nations Convention on Contracts for the International Sale of Goods and UNIDROIT Principles of International Commercial Contracts: Similarity and Difference

2020 ◽  
Vol 9 ◽  
pp. 43-48
Author(s):  
M. G. Pilikina ◽  
Keyword(s):  
United Nations ◽  
Comparative Method ◽  
Private Law ◽  
Objective Criterion ◽  
Contract Breach ◽  
International Private Law ◽  
United Nations Convention ◽  
Russian Law ◽  
Similarity And Difference ◽  
Rule Implementation

Article deals with the foreseeability of damages in the international private law. As a result of application of legal comparative method differences in objective criterion of foreseeability and character of damage as a contract breach consequence in CISG and PICC are defined. In a case of foreseeability rule implementation in the Russian law it is suggested to define as recoverable such damage that a party could reasonably have foreseen (in terms of the art. 7.4 CISG) as being likely to result from its non-performance (in terms of the art. 7.4.4 PICC).

A.L. MAKOVSKY AND THE REVIVAL OF RUSSIAN PRIVATE LAW

2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Private Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.

scholarly journals The principle of good faith in international private law

2019 ◽  
Vol 7 (4) ◽  
pp. 41-45
Author(s):  
Evgeniy Mamay ◽  
Igor' Antropov
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Good Faith ◽  
Private Law ◽  
International Private Law ◽  
International Conventions

The article relates to the complicated issue of understanding the principle of good faith in international private law. The authors explore an understanding and the main rules of fulfilling of the principle of good faith as it is enacted in the International Conventions and unifications of international private law (UNIDROIT, PECL). The range of requirements for determination the content of good faith in the actions of participants in civil law relations is established based on the analysis of law enforcement practice of different national and international judicial instances.

A Matter of Interpretation: Constructing and Interpreting Commercial Contracts under the Common Law and the Convention on the International Sale of Goods

2015 ◽  
Vol 4 (1) ◽  
pp. 1-42
Author(s):  
Gordon Wade
Keyword(s):  
19Th Century ◽  
Common Law ◽  
Civil Law ◽  
Private Law ◽  
International Organisations ◽  
Commercial Law ◽  
International Private Law ◽  
The Common ◽  
International Sale Of Goods ◽  
Contractual Obligations

Contractual disputes concerning interpretation can be the most intractable of all contractual disputes and their outcome is notoriously difficult to predict. The interpretation of contradictory or ambiguous contractual provisions may often be necessary in order to determine, inter alia, the effect of the parties’ actions upon the performance of the contract and what the substantive contractual obligations actually are. Contractual interpretation in civil law and common law jurisdictions proceeds from fundamentally different perspectives, particularly when viewed in light of a recognised international private law convention, the cisg. Comparing and contrasting the common law and the cisg shows the latter to be the product of a diplomatic conference comprising 62 States and eight international organisations and not a series of ancient pronouncements of English judges who developed commercial law through 19th century sensibilities. The cisg and the common law are, however, not poles apart but the cisg was born because commercial trading, commercial agreements and the parties involved have become increasingly internationalised, complex and sophisticated.

General Rules and Institutions of Private Law

Japanese Law ◽  
2021 ◽  
pp. 117-143
Author(s):  
Hiroshi Oda
Keyword(s):  
Public Policy ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Private Law ◽  
Optimal Outcome ◽  
Fair Dealing ◽  
General Rules ◽  
General Part

The Civil Code is a cornerstone of private law. The general part of the Code sets out general rules of civil law such as the doctrine of good faith and fair dealing. Japanese courts sometimes modify a contract by referring to this doctrine in order to achieve an optimal outcome. The part on juristic acts are applied to contracts. Thus, contracts—juristic acts—against public policy are null and void.

The Role of Strategic Sourcing in Global Supply Chain Competitiveness

2019 ◽  
pp. 159-180
Author(s):  
Cristiane Biazzin
Keyword(s):  
Supply Chain ◽  
Cost Effective ◽  
Global Supply Chain ◽  
Global Sourcing ◽  
High Quality ◽  
Core Element ◽  
Strategic Sourcing ◽  
External Relations ◽  
Do So

A global supply chain is a core element for an organization's competitiveness. Its success relies on the synchronization of relations, activities, and agreements in order to be flexible, agile, high quality, and cost effective for customers. Strategic sourcing emerges as an important factor to support and integrate the suppliers into the supply chain intelligently. This chapter aims to provide the understanding of how strategic sourcing can contribute to improving a firm's global supply chain competitiveness. In order to do so, it explores the elements to be considered while developing the strategic sourcing: the sourcing process cycle, internal and external relations, sourcing risks, global sourcing application, and supplier development.

Sign in / Sign up

Export Citation Format

Share Document