オーストリア法曹とハンガリー1911年民事訴訟法の成立

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  • Austrian Lawyers and the Regulation of the Hungarian Code of Civil Procedure of 1911
  • オーストリア ホウソウ ト ハンガリー 1911ネン ミンジ ソショウホウ ノ セイリツ

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Abstract

type:論文(Article)

The purpose of this paper is to clarify the relationship between Austrian and Hungarian lawyers in making the Hungarian Code of Civil Procedure of 1911. This was the first law with the new principles of court procedure, such as oral proceedings, openness, directness, and discretionary power to weigh evidence, which were the products of legal development inspired by the liberal thought of the French Revolution; the initiative of a lawsuit must be held by the parties, not by the court. On the other hand, it is also clear that The Hungarian Code of Civil Procedure of 1911 was influenced bu not only the German Code of Civil Procedure of 1877, but also the Austrian Code of Civil Procedure of 1895, which is in force today and famous for strengthening the initiative of judges to speed the suit and to help vulnerable parties, on the basis of social thought. Through analyzing the stipulations and the reputation of Austrian lawyers, it is clarified firstly how these two thoughts are combined in the Hungarian law, secondly the Austrian lawyers role in making it, and thirdly their opinions about it.

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