ACTA JURIDICA - A MTA Jogtudományi Közleményei Tom. 14 (1972)
1972 / 1-2. sz. - NÉVAI LÁSZLÓ: Problems of the Efficacy of Civil Actions in Hungary
Acta Juridica Academiae Scientiarum Hungaricae, Tomus 14 (1 — 2), pp. 1 — 21(1972 Problems of the Efficacy of Civil Actions in Hungary by L. Név AI Professor of Law L. Eötvös University, School of Law, Budapest During the latter years considerations of efficacy have come into prominence with growing emphasis in socialist jurisprudence and legislation. This approach prevails also in the scope of civil procedure. The efficacy of legal regulation and of the institutions of law defined by it gives expression to the relation which exists between the aim of legal regulation (legal institution) and the results achieved in effect. According to the author the aim of the civil action is to render effective legal assistence to the parties in their civil law disputes by exploring the truth and on the ground of legality. A civil action organized on this understanding may be considered efficacious, if it meets the requirements of effective legal remedy in the most appropriate manner. From the point of view of society the criteria of the efficacy of civil act ions are (a) the educational, reassuring administration of justice; and (b) the preventive effect. From the point of view of the parties to the action these criteria are (a) the simplicity; (b) expeditiousness; (c) inexpensiveness; and (d) thoroughness of the procedure. Although the prevailing Hungarian Code of Civil Procedure provides for effectual methods of organizing civil cases, still these methods need further improvement. Such further development is also necessitated by the requirements the new system of economic management established in 1968. Essentially, the now imperative amendment of procedural law implies a revision of the statutory regulation of the collegiate administration of justice and the participation of lay assessors in civil cases, the simplification of the present system of jurisdiction and competence (the so-called forum system), and the intensification of the guiding functions of the judiciary and the participation (activity) of the parties in civil cases. I The up-to-date interpretation of the efficacy of the civil action 1. During the latter years considerations of efficacy have more and more come into prominence in socialist jurisprudence and legislation. The primary cause of this phenomenon is to be found in the recent manifestations of the economic and social develojnnent of the socialist countries, i.e. in the tendencies intended to enrich the content of socialist democratism and the effectivity of its guarantees, to improve the efficiency of public administrative activities, the expeditiousness and operativeness of the disposing, organizing and dispatching work of state organs, to increase the rentability of social production and stipulate higher qualitative standards for the operation of the economic organizations. Efficiency and qualitative approach have more ] * Acta Juridica Academiae Scientiarum Hungaricae, Tomus 14, 1972