Theses (ÁJK)

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Theses collection of the Faculty of Law. The collection was started in 2015.

At the University of Debrecen, in accordance with the 2022 amendment to the 2011 Higher Education Act, student theses are only accessible from devices connected to the University's Eduroam WiFi network or from a university IP address.

“The thesis or diploma work of a student who has successfully passed the final examination shall be stored in full in the academic system of the higher education institution, and a record shall be maintained thereof. The stored theses and diploma works – with the exception of parts classified as confidential in accordance with the relevant legislation – must be made accessible and searchable without restriction through the academic system.” Further info on the National Higher Education Act in Hungarian: Felsőokt. tv. (új) - 2011. évi CCIV. törvény a nemzeti felsőoktatásról - Hatályos Jogszabályok Gyűjteménye.

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Megjelenítve 1 - 20 (Összesen 157)

Korlátozottan hozzáférhető
Harmonization of the National Tax Legislation in Integration Associations (the European Union and Eurasian Economic Union)
Toktanay, Tolganay; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
At present, in the era of globalization of the world economy, a significant place is given to the process of harmonization of tax legislation within the framework of various integration associations. The harmonization of tax legislation not only contributes to the proper functioning of the internal market but can also be considered in a broader sense as a tool for the proper functioning of national tax systems, helping to eliminate tax obstacles at the international level, unfair taxation competition, the fight against violations of tax laws, and the solution to many social, economic and political problems both within the country and at the level of the relevant integration associations. Considering the importance of the process of harmonization of tax legislation in the EAEU member states, it becomes obvious that it is necessary to study the experience of other integration associations, including the EU. The paper substantiates the need to harmonize the tax legislation of the EAEU member states, reform national tax systems to bring the levels of economic development of the EAEU member states closer together, and use legal mechanisms that help remove barriers and obstacles to building a single internal market for goods, works, services.
Korlátozottan hozzáférhető
The perspective of mediation as a procedural mechanism for the resolution of conflicts in the u.s and the russian federation
Filina, Elizaveta; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
The research tackles the mediation as an alternative dispute resolution method, and specifically the implementation of such a resolution the Russian federation. furthermore, his thesis analyzes the historical experience of mediation in the U.S. and shows us how successful it is to use mediation as an alternative for a dispute resolution. throughout this thesis, the example of the United States of America is used to prove how such an implementation can be fruitful to improve the Russian legislation regarding the alternative procedure for dispute resolution. Although the U.S experiment per se is not being copied or cloned, it is just used as an example that has a positive influence and will be implemented in accordance with the Russian judicial reality.
Korlátozottan hozzáférhető
The Regulations Governing Employee Inventions: a comparative study between the Jordanian and German law
Aldabbas, Aya Marwan Mustafa; Zaccaria, Márton Leó; DE--Állam- és Jogtudományi Kar
The Jordanian legislation is not considered to be regulating the matter as efficient as it can be, which is the reason this research topic was selected. This research aims to discuss how the Jordanian legislation regulated the matter of employee inventions and shed a light on the gaps and errors the legislator had fallen into using the analytical comparative method. This research will compare the Jordanian legislation to the German legislation which is considered one of the most comprehensive and detailed regulations on the matter of employee inventions, which also had faced criticism as well. It will cover different topics relating to the matter such as: the governing regulation, to whom the ownership results to, fair remuneration for the employee and the matter of conflict resolution. The conclusion of the research aims to point out where the Jordanian legislation has taken a different point or approach of regulating the matter and shedding the light on the outcome of such approach and indicating if such an approach is efficient and sufficient or it should be reconsidered, the research also resulted in a number of recommendations that the Jordanian legislator should take into consideration in order to modernize its approach towards employee inventions regulations.
Korlátozottan hozzáférhető
Some Concept Regarding Breach and Remedies under the Scope of CISG in 21st Century
Bataa, Ninjin; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
This thesis explores some categories regarding breach and remedies under the scope of CISG. It examines and gives brief understanding of fundamental breach, anticipatory breach, and remedies such as avoidance of the contract, specific performance, damages. it contains some specific examples regarding the categories of breach and remedies.
Korlátozottan hozzáférhető
Israel's Obligation Toward Palestinain Foreign Trade
Sholi, Sara; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
The paper discussed Israel’s obligations toward Palestinian foreign trade under the PP, besides the Israeli restrictions imposed on Palestinian foreign trade, and the possibilities for Palestine to have membership of WTO as a separate customs territory by adopting the descriptive analytical approach methodology. It appears that the main obstacle is Israeli control over the borders and the restrictions imposed on the movement of goods and persons between Palestine and the third countries because of security excuses, besides the Israeli taxes collection policies that affect the PNA budget, violating the bilateral agreements and international treaties. However, this does not mean that Palestine does not have full autonomy in the conduct of its external commercial relations, such as the free trade agreements between Palestine and third countries, and Palestine set its tariffs according to Israeli minimum tariff barriers allowing Palestine to apply for the WTO’s membership.
Korlátozottan hozzáférhető
Shareholders liability for company’s debts after liquidation
Kopti, Alaa; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
This study will be based on the analytical descriptive research method for the provisions of the Jordanian Companies Law and its amendments No. (22) Of 1997 (“Companies Law”), with the use of some Jordanian and Arab legislation and judicial decisions related to this subject when available and when necessary. The Jordanian Companies Law was subject to several amendments and additions. However, the legislations and laws are man-made and therefore they are not Holy Scriptures and can’t be free from loopholes and legislative gaps that call for research and investigation to promote them to a better and higher level. And under this regard, the Jordanian legislator did not include any article in any legislation regarding the shareholders liability for debt that appears on the Limited Liability Company (“LLC”) after liquidation and dissolution in respect of the stock corporations as an example, which is a legislative deficit that I have decided to, investigate and base my research on it.
Korlátozottan hozzáférhető
The Prominent Outcomes of the Relation Between International Law and International Business and Trade Law; Contributions of the World Trade Organization (WTO) to Global Economic Welfare
Almomani, Oday; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
This thesis analyzes the extent of the relation between International Law and International Business and International Trade Law. Highlighting the most evident aspects of this relation, which is the establishment of the World Trade Organization (WTO), since it was established through negotiations by countries.
Korlátozottan hozzáférhető
International legal standards for the protection of human rights in international business
Burkanova, Adema; Zaccaria, Márton Leó; DE--Állam- és Jogtudományi Kar
The thesis under consideration reflects an examination of concerns with the regulation of human rights protection issues in international business. This topic was chosen since the topic of international business and human rights is now on the UN agenda. Despite existing international legal standards in this area, there are no norms or effective processes under international human rights law that would allow people affected by corporate operations to access effective complaint mechanisms and effective remedies. In the absence of effective international legal regulation, the convergence of business and human rights necessitates immediate and thorough investigation to prevent future transgressions. The research also makes recommendations to states and businesses on how to put key parts of existing international legal standards into action in order to improve the human rights system.
Korlátozottan hozzáférhető
European and International Trade Policy: The importance of the services sector.
Teixeira dos Santos, Thulio; Bartha, Ildikó; DE--Állam- és Jogtudományi Kar
This study focuses on the European and International trade policy, addressing the importance of the services sector and the current barriers it faces. Considering the advances suffered by the world and its current trends in the commercialization not only of goods but also of services, the question arisen by many refers to whether services can be tradable once they are not tangible. This notion was based on the fact that service exportation do not involve any type of shipping, transportation or cargo and, therefore, cannot be traded. The study requires a brief study on European trade policy and the creation of the European Internal Market and the Free Movement of Goods, as well as the World Trade Organization – WTO – and its relevance to the European Union, and finally an immersion in trade in services and their barriers. With the purpose of achieving this goal, it shall be done, in this paper, a bibliographic research of the legislation and literature related to European and International Trade Policy, as well as related to trade in services and their barriers.
Korlátozottan hozzáférhető
The remedies available to seller in regard to buyer’s breach of contract under cisg and lao contract law
Phimmany, Sengny; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
This thesis will primarily cover the meaning of the “breach” together with the “Seller’s remedies in regard to the Buyers breach of the contract” which states under the United Nations Convention on Contracts for the International Sale of Goods (hereafter “CISG”). Under the scope of the CISG, breaching of contract means one party fails to perform his/her obligations as states in the contract, so the purpose of Article 25 CISG provides a concept of the “breach” which leads to the aggrieved party to avoid the contract (Article 72 CISG) and Article 49 and 64 governs the right of an aggrieved party (A) to avoid the contract when the other party (B) has committed a breach of contract by defective performance or by failing to perform by the date required under the contract. Due to there are 2 types of breaches such as (a) fundamental breach and (b) anticipatory breach but the aggrieved party can only claim for the recovery when the other party committed to the “fundamental breach”. So in the case of breaching of contract by the buyer, in which extend the seller can claim for it, the thesis provides both theory and practical methods in order to find out the simple way to understand about CISG, for following aspects: what are the defining rules in term of fundamental breach and remedies for both parties and the seller especially, how do the courts consider in term of the breach and how are the matters solved. But, this thesis focuses not only CISG itself but also provides some rules in term of breach and remedies from contract and tort law of another continent as Lao PDR, which just accedes to CISG lately on 25 September 2019.
Korlátozottan hozzáférhető
Cybersquatting and Trademark Infringement: A Critical Analysis
Qenaj, Arbresha; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
The purpose of the thesis is to critically analyze the concept of cybersquatting, development and its impact on the trademark society. The phenomenon of cybersquatting came into existence simultaneously with the commercialization opportunities on the internet where businesses were not educated well enough in respect of the internet’s market prospects and by that time did not know how to properly react in this regard. This thesis will outline the notion and types of domain names. The analysis shows that since the establishment and high growth of the internet a great number of people saw it as a “gold chance” by registering domain names identical or confusingly similar to well-known trademarks with the intention to have income benefits when selling them to trademark owners. Further, it explains the correlation between domain names and trademarks, scrutinizing the similarities and differences that exist amongst, and how these two are intertwined and handled from legal perspective. Moreover, it clarifies the importance and the role of ICANN and its role through the UDRP in solving disputes that arise from cybersquatting and providing trademark owners with such mechanism which enables them to fight against this problem and to protect their trademark rights. In addition to this, the advantages and disadvantages of this online dispute resolution are thoroughly clarified and criticized at the same time. In addition, the study concludes that our current legislation is not richly enough to handle with such matters and seems to be reviewed.
Korlátozottan hozzáférhető
The issues of improvement of Contracts' consideration for International Sale of Goods in International Commercial Arbitrations.
Soburov, Shokhujakhon; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
Relevance and importance of the topic of thesis work. It’s undeniable fact that nowadays United Nations Convention on Contracts for the International Sale of Goods (“CISG”) plays crucial role on regulation of relations in the international sale of goods procedure and it was adopted on 11th April, 1980 in Vienna. The United Nations Convention for the International Sale of Goods is one of the paramount normative legal acts in the field of contract law. For example, it combines different legal systems, because to date, that’s as of 13 February 2021, the CISG has been adopted by 94 contracting states on all five continents which account for at least about 2/3 of world trade. Therefore, it governs unlimited number of international sales contracts around the world. The CISG is probably the most important example of unification of substantive private law in the world, creating a uniform set of substantive rules. Unlike a civil code, the CISG does not claim comprehensive scope. The Convention applies to one type of legal relations – sale of goods. However, in real life, sale contracts are often accompanied by additional clauses that require specific regulation. In particular, it is common practice for parties to insert arbitration clauses in their international sale contracts. The close connection between sale contracts and arbitration clauses poses a question of their unified or separated regulation. Besides that despite the Convention was drafted to regulate contracts for the international sale of goods, it’s considered as a model law to modernize and harmonize national legislation on contracts for the international sale of goods. That's why the Convention has significant effect to states' legislation on international business relations in this regard. Also, it’s known that there are main 4 types of Alternative Dispute Resolution methods, namely, Negotiation, Mediation, Arbitration and Conciliation. It's undisputable fact that nowadays Alternative Dispute Resolution institutions play great role to settle issues on Contracts for International Sale of Goods. Especially International Commercial Arbitrations have priorities over than other ADR institutions and national litigation during resolution of disputes on Contracts for International Sale of Goods. For example its resolution is legally binding for both parties and it's the crucial and main difference than other ADR institutions and parties can jointly choose an expert to be an arbitrator (neutral third party or parties) and its process faster and sometimes cheaper than litigation and those factors are the distinctions between International Commercial Arbitrations and National Litigations. In addition, reputable global arbitration surveys conducted by the Queen Mary University of London do demonstrate that the preferred method of dispute resolution is International Arbitration according to 90% of respondents4. Taking into account the role of arbitration as a natural forum for international merchants, it could have been expected that the CISG would clearly delimit its material scope regarding arbitration agreements. Unfortunately, the text of the CISG is surprisingly cryptic in this regard. The ambiguity of the Convention has supplied arguments both to those supporting its application to arbitration clauses inserted in sale contracts and those favoring application of international or domestic arbitration law to arbitration clauses. The practice of courts and tribunals is also inconclusive, although the majority seems to prefer separation of legal regimes5. Despite International Commercial Arbitrations have positive aspects than other ADR institutions and national litigations in settlement of disputes on Contracts for the International Sale of Goods, International Commercial Arbitrations don't play crucial role in this regard yet. Because, despite nowadays the number of cases using arbitration to resolve civil and commercial disputes in China has been among the highest in the world, in 2020, CIETAC accepted 3,615 cases, with the disputed amount reaching RMB112.1 billion, 508 of which were sale of goods disputes, accounting for 14% of its caseload. It’s not good statistics on CISG in International Commercial Arbitrations. 1. Why is the statistics of Contracts' consideration for International Sale of Goods by International Commercial Arbitrations low?! 2. Does the United Nations Convention on Contracts for International Sale of Goods have legal issues to consider CISG issues by International Commercial Arbitrations?! 3. What types of negative aspects do International Commercial Arbitrations have on Contracts' consideration for International Sale of Goods?! 4. How can be improved the Contracts' consideration for International Sale of Goods by International Commercial Arbitrations?! Therefore author emphasizes on the issues of improvement of Contracts' consideration for the International Sale of Goods in International Commercial Arbitrations via scientifically and practically sound proposals at the current thesis work.
Korlátozottan hozzáférhető
MiFID II: What the ‘MiF’ is going on?
de Vos, Ben; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
The thesis that follows discusses and explains the financial regulations concerning the Markets in Markets in Financial Instruments Directive 2014/65/EU (hereafter, ‘MiFID II’). A broad look at this complex directive will be had and then certain elements of it will be clarified. Further, the implications of MiFID II thus far will be analysed. The topic will take on a global view and not be limited to the European context. The thesis will then move onto the legal aspect and focus on the Courts and their role with regards to MiFID II. Regulations, jurisprudence and jurisdiction will be deliberated and their development or, lack thereof. In short, the technical aspects of MiFID II will be tackled and then the theoretical aspects of the law will be considered. Finally, the value of MiFID II will be determined.
Korlátozottan hozzáférhető
Corporate Governance: Directors’ Duties in the EU & the USA
Al-Khashashneh, Omar; Bartha, Ildikó; DE--Állam- és Jogtudományi Kar
Based on increasing internationalisation, the ownership and management control are separated in contemporary organisations, which has heightened significance of corporate governance. It has been addressed by researchers that corporate scandals have increased, which has called for corporate governance to combat global trends of corporate failures. During this study, I will indicate the corporate governance and directors duties in different legal systems, the EU, UK. Because there is no single code for the entire EU member states, comparing between the US Corporate Governance which applies to a whole national legal system was really tricky, also, the UK dropping out of the European Union. Had also made it very difficult to make the search, it was nearly impossible to avoid the role of the UK in introducing corporate governance to the EU, and it was very essential to mention the cases of the United kingdom, the 2006 UK Company Act articles regarding the directors duties.
Korlátozottan hozzáférhető
Illegal Migration and Rights of Asylum Seekers under the European Convention of Human Rights
Riyasat, Amina; Zaccaria, Márton Leó; DE--Állam- és Jogtudományi Kar
The research is all about Illegal Migration and its driving factors which is one of the greatest issues European countries are facing today. There are so many compelling factors which includes social unrest,Economic factors and civil wars. The research also focus on what are different policies which are adopted by different Countries in EU to protect and ensure the basic Rights of people who are moving to their countries in search of better opportunities and to restrict such illegal migration by border controls. The recent unprecedented, irregular, illegal, and asylum-seeking migration to EU countries is overwhelming southern Europe, the EU, and the world. The EU has long seen mass migration, but the current flow is unprecedented. Migrants risk their lives crossing dangerous Mediterranean Sea and land borders in Africa and the Middle East due to rising conflict, poverty, and instability in their homelands. There are many other factors for this migration. As a result of this illegal and irregular migration, EU countries are suffering in all sectors, including social, political, and, most importantly, economic, where states, especially Greece and Italy, are facing crises at the domestic level that have severely limited their resource capabilities to manage the migration and refugees’ issue. Due to the conflict of states’ national interests and internal security concerns, the European Union has struggled to find and create comprehensive humanitarian crisis policies such as health policies, labor laws, policies regarding the assimilation of migrants, policies regarding the employment of migrants, and policies related to migrants’ identities. It is imperative to see to what extent these policies address the issue and how the effectiveness of these policies could be further enhanced. Thus, the study explores the “push” and “pull” factors leading to illegal migration, the implications of this illegal migration, and the recent legislative approaches and policies to address this issue.
Korlátozottan hozzáférhető
International legal regulation of cultural tourism
Bychkova, Elena; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
The actuality of this work is that international tourism is increasingly becoming an essential part of the life of people who want to explore the world. Consequently, there is a need for legal regulation of the rights of consumers of tourist services, providing their safety, as well as their legal protection by international authorities and organizations both at the international level and at the national level within individual countries. Fairly can be considered international cultural tourism as one of the highly profitable for the state budget of some countries, the increase of travelers contributes to the country's high level of employment, as well as the development and cultural diversity of the countries of the world, on this basis we get the need for legal regulation. The experience of many countries demonstrates that the success of tourism development directly depends on how this industry is understood at the governmental level, how much it is supported by the authorities. Any developed country, in order to receive budgetary income from tourism industry, must invest in research of its territories to analyze the tourist potential, prepare programs of tourist business development, projects of necessary infrastructure and resort regions and tourist centers and in advertising. Tourism is the largest sector of the modern economy. International tourism is a major part of the world economy, providing a tenth of the world's gross national product. This sector of economy is developing fast and will become its most important sector in the next few years. Annual growth of investment in the tourism industry is about 30%. Tourism uses about 7% of the world's capital. International tourism today is an area of socio-economic complex, which has become a fast-growing industry in many countries. Currently, every 7th job in the world is in the tourism business. This work is a research in the field of international legal regulation of tourism as an international phenomenon. It follows that tourism as an international phenomenon also requires certain international regulation. The object of the study is a system of social relations appearing and developing in the field of tourism. The subject of the research is the international legal regulation of tourist activity as a complexly organized and multifaceted legal process.
Korlátozottan hozzáférhető
Liability for Goods
Imran, Shahid; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
The world commercial trade particular to goods provides to meet the economic requirements of the mankind. In this global commercial system the various set of principles as well as the regional laws proclaim per se their competency to address the everyday commercial issues. The goods trade remained under the control of draconian domestic regimes that hindered the pace it could attain until the formation of the United Nations under whose auspices the international law was derived in 1980 with the name as the Convention on Contracts for the International Sale of Goods. The Convention intends to address the important issues like the fixing of liability for the risks that goods set for transportation, defining the rights and obligations of the seller and buyer, the conflict of law study and over all internationally acknowledged procedure for the sale of goods. The room for evolution is still provided in the Convention that promises worldwide harmony in the trade of goods by its gradual ratification by the States.
Korlátozottan hozzáférhető
A jövedelemadók rendszere
Kovács, Judit; Valentényi-Szilágyi, Bernadett; DE--Állam- és Jogtudományi Kar
Az általam választott szakdolgozati téma a jövedelemadók rendszere. Ezen belül is a személyi jövedelemadó kérdésköreit szeretném boncolgatni, valamint ezt összefüggésbe hozni az ingatlanokkal, az ingatlanok bérbeadásával, a rövidtávú szálláshelyszolgáltatással, valamint az ingatlan magánszemélyként történő eladásával, valamint ezek alapján az eljárási kérdésekbe szeretnék betekintést mutatni. Úgy gondolom, hogy az általam választott szakdolgozati téma nagyon aktuális, ugyanis az utóbbi években jelentősen megnőtt az ingatlanok jelentősége, és ehhez elengedhetetlenül kapcsolódnak az adózási kérdések, amely nem hagyhatóak figyelmen kívül. A dolgozatom írása során törekszem arra, hogy egy átfogó képet tudjak kialakítani a témáról, mélyrehatóan, de mégis lényegre törően, a legfontosabb kérdésköröket kiemelve, boncolgatva. A mai világban - az ingatlanok, az ingatlan piac - nagy változáson ment keresztül, amely során az emberek az ingatlant már nem csak egy "fogalomként" definiálják, hanem meglátják abban a lehetőséget, üzleti oldalról nézve. És, hogy ez miként, és hogyan folytatható, erre a választ a szakdolgozatomban keresem.
Korlátozottan hozzáférhető
Enforcement of International Commercial Arbitration Awards
Bayz Agha, Miran Mamand; Hajnal, Zsolt; DE--Állam- és Jogtudományi Kar
International commercial arbitration awards without enforcement no exceed than useless paper. Hence, enforcement of the award is the last and decisive process of international commercial arbitration. So that topic deserves more analyze. Furthermore, this Thesis is concerned to examine the International commercial arbitration. Because disputes are inevitable in international business. Parties have the option to solve future disputes by the arbitration instead of court litigation. As well as, The thesis seeks to be a comparative study to the enforcement of the commercial awards between international standards and Iraq. The general objective of the thesis, clarification of the influence treaties on the enforcement of the awards. In particular, the New York convention of recognition and enforcement of the foreign arbitral awards in 1958. It was a turning point for the enforcement process worldwide.
Korlátozottan hozzáférhető
Obligation of seller and its performance under the CISG
Norbotaev, Khasan; Hajnal, Zsolt; DE--Állam- és Jogtudományi Kar
The purpose of the thesis has been to discuss the importance of the UN Convention on the Contracts for International Sale of Goods (hereinafter the CISG). On providing a modern, uniform and fair regime for contracts for the international sale of goods. This thesis work now ventures to investigate the obligations and expectations, both just and unjust, of the seller in international trade. The contract of sale is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. The CISG is therefore considered one of the core international trade law conventions whose universal adoption is desirable.

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