Reform of Civil Law in Hungary, Poland, and the Soviet Union

Grzybowski, Kazimierz

doi:10.2307/838946

Cited by 7 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…34 Still, the 1964 Civil Code adopted a rather reserved attitude towards both personal rights protection and compensation for non-proprietary damage. It follows from the explanatory memorandum to it that a court ought to preferably 28 Oliphant, Pinghua and Lei (2018) 30-34. 29 Damm (2002) Rudzinski (1956) 216-43. 33 Grzybowski (1961) 253-65. 34 Coogan et al (1997) 495-508. compensate non-proprietary damage in immaterial form, such as in the form of a statement (possibly published in the daily press).…”

Section: The Influence Of Natural Law Theory On Private Lawmentioning

confidence: 99%

The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code

Matějková

Pavelek

Vítek

2022

HJLS

View full text Add to dashboard Cite

In 2014, a fundamental reform of private law took place in the Czech Republic. It was a revolution in private law. The reform of Czech private law was also to some extent contributed to by the pressure of the neighbouring more advanced legal systems in which the Czech legislator sought inspiration, especially the ABGB and its basic principles. Czech private law has been influenced since at least 1811 by the ABGB; this regulation affected Czech private law even in the first half of the twentieth century. This paper aims to answer the question how the ius-naturale conception of ABGB affected the Czech Civil Code of 2012 (the reform of private law in 2012) in the field of compensation for non-pecuniary damage, and to what extent and in which institutes this influence manifested itself. The area of compensation for non-pecuniary damage was deliberately chosen – this area is related to the protection of human personality. Personality rights then reflect the theory of natural law, which was suppressed in Czech private law during the second half of the twentieth century.

show abstract

Section: The Influence Of Natural Law Theory On Private Lawmentioning

confidence: 99%

The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code

Matějková

Pavelek

Vítek

2022

HJLS

View full text Add to dashboard Cite

show abstract

“…Indeed, the CC was a definitely 69 For early foreign academic comments on the 1959 code see Léh 1960;Grzybowski 1961. 4.3.1, socialist codifications were justified by arguments about a fundamental difference between bourgeois and socialist law.…”

Section: The 1959 Civil Codementioning

confidence: 99%

National Legal Systems and Globalization

Larouche

Cserne²

2013

View full text Add to dashboard Cite

“…These provisions seem more or less casuistic, and are rooted in Roman law, with the exception of liability for risk in unsafe work environments, which is naturally unknown in antique laws. Certain legal institutions under Roman law, including receptum nautarum cauponum et stabulariorum, actio de deiectis vel effusis and actio de positis vel suspensis, were actually transposed in the regulations on increased liability by hotels and restaurants and on liability for damaged to buildings (Mihály, 1959;Grzybowski, 1961;Fesztl and Tamás, 1967;Eörsi, 1974;Gabor, 1982, Vékás, 1987.…”

mentioning

confidence: 99%

Codifcation of Hungarian Private (Civil) Law in a Domestic and International Comparison

Hamza¹

2019

Polgári szemle

View full text Add to dashboard Cite

The study analyses the centuries-old process of the codification of private law (civil law) in Hungary. The author believes that the Roman law tradition in Hungary survived at both a legislative and a theoretical level. Romanist (mainly German Pandectist) influence can be observed in various draft civil codes of the country. The first Hungarian Civil Code, promulgated in 1959 and put into effect in 1960, was a socialist-style civil code. The procedure of harmonisation with the law in Europe influenced the new (second) Hungarian Civil Code promulgated in 2013.

show abstract

Reform of Civil Law in Hungary, Poland, and the Soviet Union

Cited by 7 publications

References 0 publications

The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code

The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code

National Legal Systems and Globalization

Codifcation of Hungarian Private (Civil) Law in a Domestic and International Comparison

Contact Info

Product

Resources

About