Its Sources, Limits and Identity
European Constitutional Culture and Civil Procedure
Abstract: – I. Preliminary remarks. – II. The Fundamental Law of Hungary (FLH) in the common European constitutional culture and some FLH-dominated parts of civil procedural law. – III. Some constitutional influence on the new Hungarian Civil Code (HCC) and the relevant morals of its codification. – IV. The Constitutional Court of Hungary (CCH) on the Hungarian Code of Civil Procedure (HCCP) in force: A short ‘historical’ approach. – V. The methods and purposes of the re-codification of the HCCP and the organizational structure of its proceeding. – VI. The triangular interdependence among the FLH, the social expectations on and the characteristics of the future HCCP. (1) The major questions and correlations. (2) The rules of the FLH, which define the designation of the civil process. (3) The FLH-based, profound demands of the society on the civil process. (4) The designation (purpose, goal) of the civil process. – VII. The duties of courts determined by the constitutionally defined designation of the civil process. (1) The questions of double-codification along with the FLH: its redundant and its necessary ways. (2) The settlement of disputes and its manner as the duty of court based on the constitutional purpose of the civil process. – VIII. Some remarks on the court system and on the legal remedies. (1) A preliminary aperçu on the work performed. (2) (a) The court system of four levels. (b) The relocation (transfer) of cases of highest priority by designation of the court in charge. (c) The constitutional questions of joint adjudication.
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