The Anglo-Saxon legal institution of a trust is generally regarded as unique because of the simultaneous existence of a legal and equitable title. Legal systems based on Roman law recognize only the unity of ownership, which acts as the chief impediment to the introduction of trusts. Legislators in civil law and mixed jurisdiction countries discovered the relevant advantages of trusts in the economy and in the private sphere, therefore they tried to create similar institutions that could fulfil the same function. The aim of this study is to present a view and a comparative law analysis of the trust-like devices of civil law and mixed jurisdictions, with special emphasis on the regulation of trust property. The comparison will take into account characteristics such as ownership of the trust fund, asset partitioning, the nature of the parties involved in the legal relationship, and the possibility of tracing. The functionality of institutions in civil law countries is more or less adequate to serve the purposes of a trust, but several important details and relevant differences should be highlighted.
A személyiségi jogok védelme napjainkban kiemelt jelentőséggel bír, tekintettel a képmás és hangfelvétel rögzítésére és továbbítására alkalmas technológiai fejlődésre és a közösségi média mindennapi szerepére. Különösen érzékeny ez a kérdéskör olyan esetekben, amikor valaki nem kívánja a nyilvánosság számára megosztani a fényképét, de hivatásának gyakorlása folytán mégis erre kényszerül. Tanulmányomban a szolgálatot teljesítő személyek képmáshoz fűződő jogának szabályozását és joggyakorlatát kívánom áttekinteni.
In this paper the author analyzes the free movement of companies between EU Member States, one of the most essential conditions enabling the freedom of business in the European Union. It is obvious that in every European country, the constitution and/or legal order guarantees the basic fundamental rights for the people and settles the exercise of power. In conducting the research it is very important to examine the appearance of the two fundamental freedoms which are the essence of present topic, the freedom to provide services and the freedom of establishment. Both rights are listed in the basic treaties of the European Union and their nature is explained herein through interpretation of the text of the treaties, and through the jurisdiction, by analyzing case law using the decisions of the Court of Justice of the European Union (CJEU). Th e research centres on the examination of the practical side of the freedom to provide services and freedom of business. Th e study is presented through analysis and evaluation of the decisions of the CJEU and the Hungarian national jurisdiction. Th e goal is to provide a general picture through the jurisdiction of the CJEU and to examine whether the rights mentioned truly emerge in real life. Older decisions have also been taken into consideration in this regard as they were fundamental to the founding principles of the freedoms discussed and their present regulation.
The aim of this study is to provide a comprehensive presentation of the peculiarities of private foundations in certain legal systems. The study reviews the formation of private foundations, their current legal background and change trends. The research covers the features of certain characteristics of private foundations, such as the establishment and operation of the various bodies. Particularly important factors include the possibility of economic activity at private foundations, the regulations related to the necessary assets, and state supervision. The legal background of private foundations in many cases provides an opportunity to compete with trusts and business companies, especially in terms of planning, managing and protecting assets as well as enabling generational asset transfers.
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