A finalitas-elmélet behatolása a környezeti jogba

Ágoston, Eszter Ildikó: A finalitas-elmélet behatolása a környezeti jogba. In: Állam és jog - kodifikációs kihívások napjainkban, (3). pp. 11-19. (2013)

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Abstract

6:532. § The responsibility for operational risk “(1) Who is engaged in high-risk activities is obliged to pay for any resulting damage. Exempted from liability is the person who proves that the damage was caused by an unavoidable cause, which is associated with a high-risk beyond the scope of activities. (2) According to the responsibility of operational risk, the person is also liable who causes damage to other persons through activities that endanger the human environment.” The above cited provision of the new Civil Code draft rhymes with the paragraphs of the current Civil Code 345. § (1) in force. The law applies the rules of responsibility for operational risk in case of environmental damage. The cause of liability is classified by the possibilities of justifications. Mainly the tightening of this distinguishes the objective liability shapes (beyond control) from the general (reasonable conduct under the circumstances). Another distinguishing criterion is the nature of operational risk, which establishes the application of special rules. It is important, however, that despite the fact that in case of liability for the damage caused by activities dangerous to the environment the analogy of the operational responsibility is valid, the two can not be identified. Thus, in relation to the environmental damage, not the operational risk item is to be looked for but the environmental risk. At the objective examination of the three elements of liability for damage (unlawful conduct, damage, causal relation) in case of illegality the environmental illegality has to be considered. In Hungary, the government decided in 1998 to recodificate civil law, with reference to the outdated, incomplete, inconsistent standard material of the Civil Code. The codification process was first adopted in 2009 into the Civil Code, which did not come into force. After that the Codification Commission was reinitiated and now the professional draft of the Code is ready and available. The aim of the paper is to present the rules of liability for environmental damage, highlighting the changes in the codification process. Thus, while the standard adopted in 2009 had a completely new text on the environmental liability, the draft of 2012 is based on the current Civil Code system. Thus, while the 2009 legislation determines an exceptionally long, thirty-year forfeit deadline for responsibility validation of environmental damage -same as the current policy of waste management-, the newly completed legal standard ignores these provisions and defines the responsibility for operating dangerous analogy to three years. Thus, while the current Civil Code requires as a way of compensation in respect of the first line of the human environment the restoration of the original condition, the High Commission Codification missed it completely. Has the responsibility for environmental damage changed in it’s core? If so, how? Is the change necessary? Would the maintenance of the relevant parts of the 2009 draft have been justified in the current draft? Would it be necessary to take into account when determining the limitation period, that the environmental damage they are causing in many cases appear only after long years have passed? The author seeks to answer these question in the paper.

Item Type: Book Section
Other title: Finalitas-penetration of theory to enviromental law
Journal or Publication Title: Állam és jog - kodifikációs kihívások napjainkban
Date: 2013
Volume: 3
ISSN: 2063-3807
ISBN: 978-963-306-142-8
Page Range: pp. 11-19
Series Name: Szegedi Jogász Doktorandusz Konferenciák
Event Title: Állam és jog - kodifikációs kihívások napjainkban (2012) (Szeged)
Related URLs: http://acta.bibl.u-szeged.hu/71179/
Uncontrolled Keywords: Környezeti jog
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2021. Jan. 08. 08:10
Last Modified: 2021. Jan. 08. 08:10
URI: http://acta.bibl.u-szeged.hu/id/eprint/71269

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