A kőszénbányászati jog adományozásának egyes kérdései

Szivós, Kristóf: A kőszénbányászati jog adományozásának egyes kérdései. In: Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae, (1). pp. 627-658. (2018)

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Abstract

This study is about the history of the Hungarian mining law after 1854. In the first part, the author introduces the theoretical features of the mining law which pertained to the administrative law but also had a close connection to private law. The basis of the examined era (1920–1930) was the Austrian General Mining Act of 1854. The main principle of the mining law was ‘the freedom of mining’ (Bergbaufreiheit) which meant that everyone who was able to acquire the property of a land could acquire the right of mining. The Mining Act had to be applied to those minerals which were reserved meaning that the specific mineral did not belong to the real estate. Coal was the most problematic mineral of this era since it belonged to the real estate but could only be mined under the regulation of the Mining Act. The author points out that the right of coal mining was acquired with donation. In this procedure, the mining authority examined whether the libellant fulfilled the conditions of donation or not. The author identifies seven conditions through archive sources. If they were satisfied, the mining authority did not have discretion – it had to donate the right. The condition specifically referring to coal mining was the approval of the landowner. In a separate chapter, the author examines the different methods of how this approval could be granted. He emphasises the importance of lease contracts which were the most common type of contracts, and analyses the congruencies between mining law and private law.

Item Type: Article
Other title: Questions on the donation of the right of coal mining
Journal or Publication Title: Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
Date: 2018
Volume: 1
ISSN: 2560-2802
Page Range: pp. 627-658
Related URLs: http://acta.bibl.u-szeged.hu/70815/
Uncontrolled Keywords: Bányajog
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2020. Dec. 07. 09:47
Last Modified: 2021. Jan. 18. 15:02
URI: http://acta.bibl.u-szeged.hu/id/eprint/70855

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