Varga Benedek: Az árdrágító visszaélésekről szóló 1916: IX. tc. dogmatikai elemzése a Budapesti Királyi Törvényszék gyakorlata alapján (1916-1918). In: Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae, (4). pp. 577-605. (2023)
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Abstract
The topicality of my research is underlined by the fact that the question of recriminalising price-gouging has appeared in the modern Hungarian criminal law literature. In my thesis firstly I identified the political and economic circumstances that led to the creation of Act IX of 1916 and the purpose of the criminalization. This was followed by a dogmatic analysis of the statutory elements for which I did research in the Library of the Hungarian Parliament. After that I sought the answer to the question that the teleological interpretation of the Act can be observed in the practice of Royal Regional Court of Budapest. For primary sources, I reviewed the judgements of the Royal Regional Court of Budapest between 1916- 1918, the relevant decisions of the Royal Regional Court of Appeal of Budapest, which are kept in Budapest Archive, as well as I used parliamentary diaries from the Hungarian Parliamentary Collection. As regards to secondary sources, it was necessary to draw on history and economic literature, on the other hand, the dogmatic analysis was not only based on the criminal law literature, but commercial law works. Based on the relevant Hungarian criminal law literature and parliamentary debates I draw the conclusion that the legislator wanted to protect the price of public necessities, but the lawmaker has also taken into account that the criminalisation could not impede fair trading After the systematic examination of the archive documents I could make the conclusion that the courts applied teleological interpretation in connection with those statutory elements which were completely unknown in the legal terminology before 1916 (e. g. convenience goods) or they were only used in the field of commercial law (e. g. professional trader). The archival research showed that the delayed establishment of the public authorisation system was a legislative omission which caused serious problems in the judicial practice between 1916 and 1917. Besides the Regional Court did not interpret the criminal conduct of the price gouging brokerage uniformly, but the Regional Court of Appeal resolved the problem with teleological interpretation and ruled that the mediation without consideration was not capable of causing price increase therefore it could not threat the protected legal object of the crime. In summary Act IX of 1916 was an important milestone in the history economic criminal law and the sign of the increased state intervention in the economy. It’s significance is not only outstanding in the context of legal history, but it can also serve as a reference for modern criminal law discipline.
| Item Type: | Article |
|---|---|
| Other title: | The dogmatic analysis of Act IX of 1916 about price gouging in the judicial practice of Roy |
| Journal or Publication Title: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae |
| Date: | 2023 |
| Volume: | 4 |
| ISSN: | 2560-2802 |
| Page Range: | pp. 577-605 |
| Language: | Hungarian, English |
| Publisher: | Szegedi Tudományegyetem Állam- és Jogtudományi Kar |
| Place of Publication: | Szeged |
| Related URLs: | https://acta.bibl.u-szeged.hu/82204/ |
| Uncontrolled Keywords: | Büntetőjog |
| Additional Information: | Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven |
| Subjects: | 05. Social sciences 05. Social sciences > 05.05. Law |
| Date Deposited: | 2023. Nov. 06. 14:30 |
| Last Modified: | 2023. Nov. 06. 14:30 |
| URI: | http://acta.bibl.u-szeged.hu/id/eprint/82225 |
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