A szolgálati szerződés fogalma a magyar tervezetekben

Kecskés Tamás: A szolgálati szerződés fogalma a magyar tervezetekben.

[thumbnail of szegedi_jogasz_doktorandusz_konf_005_243-252.pdf]
Preview
Cikk, tanulmány, mű
szegedi_jogasz_doktorandusz_konf_005_243-252.pdf

Download (321kB) | Preview

Abstract

Although the private law of Hungary was not codified until its first Civil Code came into effect in 1960, several drafts were made which influenced the judicial practice especially the Legislative Proposal on the Private Law Code of Hungary from 1928. These drafts as well as their primary model the Civil Code of Germany contained planned rules about the employment contracts. Many controversies arose over these proposed provisions among legal scholars of the time. Even the naming of these contracts generated debates because it suggested much more commitment from the side of the employee than that word which describes these contracts in the current Hungarian legal terminology. The most problematic question was the distinction between the employment contracts and other agreements related to labor like contract for professional services or agency. Furthermore the difference between employment contract and lease was also hard to be found because in Roman law employment had been regarded as a form of lease and the impact of this classification can be found in some of these drafts as well. Examining the articles of legal scholars the drafts as well as the drafts themselves is the best way to highlight the problems of employment contracts of the time in Hungary which may bring us closer to the general understanding of the situation of workers. It is also a proper opportunity to prove the need for a separate branch of law called labour law with its own code instead of regulating employment contracts as a part of general private law in the Civil Code.

Item Type: Conference or Workshop Item
Other title: Definition of employment contracts in the draft civil codes of Hungary
Journal or Publication Title: Alapelvek és alapjogok
Date: 2015
Volume: 5
ISSN: 2063-3807
ISBN: 978-963-306-404-7
Page Range: pp. 243-252
Series Name: Szegedi Jogász Doktorandusz Konferenciák
Language: Hungarian, English
Place of Publication: Szeged
Event Title: Alapelvek és alapjogok (2014) (Szeged)
Related URLs: http://acta.bibl.u-szeged.hu/74889/
Uncontrolled Keywords: Munkajog
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2022. Mar. 28. 10:40
Last Modified: 2023. Dec. 05. 11:25
URI: http://acta.bibl.u-szeged.hu/id/eprint/74935

Actions (login required)

View Item View Item