A jóerkölcs magánjogi megítélése a tisztességtelen verseny vonatkozásában

This entry will deal with the history of competition law, including the first substantive competition law of Hungary, i.e Article V of 1923, which contained provisions regarding unfair competition. Currently, unfair competition is the subject of competition law, one of the branches of economic law,...

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Bibliographic Details
Main Author: Krusóczki Bence
Corporate Author: Jog-erkölcs-kultúra : értékdilemmák és identitások a jogrendszerekben (2019) (Szeged)
Format: Book part
Published: 2020
Series:Szegedi Jogász Doktorandusz Konferenciák 10
Jog-erkölcs-kultúra : értékdilemmák és identitások a jogrendszerekben 10
Kulcsszavak:Magánjog, Versenyjog, Gazdasági verseny - jogi szabályozás
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Online Access:http://acta.bibl.u-szeged.hu/75032
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Summary:This entry will deal with the history of competition law, including the first substantive competition law of Hungary, i.e Article V of 1923, which contained provisions regarding unfair competition. Currently, unfair competition is the subject of competition law, one of the branches of economic law, which contains regulations regarding the protection of economic competition and the prevention of consumer detriment. The purpose of Article V of 1923 was to offer general protection against any form of unfair competition. The demonstration of each provision of the Article and the detailed demonstration and investigation of their practical implementation is not the topic of the present entry. The present paper will specifically focus on the arbitral tribunals of the Chamber and the practice of the jury since the fact that the duty and practice of these two bodies were highly significant for the application of the law in that era can be clearly concluded from the summary of research results. The central element of the Article could be honest commercial practice which can always be found in the public perception of the commercial and industrial world of a particular era. The jury and the arbitral tribunals were the bodies that could incorporate the morality of the commercial and industrial world. In the cases which the legislature did not emphasize in the competition law, it was the enforcement that had to establish the standards for honest commercial practice. On the one hand, it was welcomed as the power of courts was not limited in this respect. On the other hand, though, it must have been a particularly difficult task for the enforcement as each competitive action was judged on the basis of the morality of the commercial and industrial world of the era. It is demonstrated clearly by the standpoints of the Jury and Arbitral Tribunal of the Chamber of Commerce and Industry of Budapest as the concept of honest commercial practice itself did not provide an adequate “grasping” point. These two bodies tried to support the enforcement with its standards, standpoints and theoretical decisions and they attempted to provide appropriate content for the category of honest commercial practice as well. In this paper, I will exclusively focus on the general clause expressed in section 1 of the article. Investigating the practice of Arbitral Tribunal of the Chamber of Commerce and Industry of Budapest and the Jury of the Chamber, I am seeking to know what meant the moral standard to them, based on which they could decide whether a certain commercial conduct was considered unfair or not. The reason I chose the practice of the Arbitral Tribunal of Budapest Chamber of Commerce and Industry is that they were the bodies of enforcement that made their best endeavour to standardize the practice of law regarding commercial competition with their policies in the era.
Physical Description:75-86
ISBN:978-963-306-722-2
ISSN:2063-3807