Pázmány Law Review
https://ojs3.mtak.hu/index.php/pazmany_law_review
<p>Pázmány Law Review (PLR) is a multilingual journal published by Pázmány Péter Catholic University Faculty of Law and Political Sciences. Volumes are published from 2013 onwards under the supervision of chief editor Prof. Nadja El Beheiri and editorial board Prof. Viktória Harsági and Prof. János Frivaldszky, supported by an international editorial board. PLR follows the process of double blind peer review. Each volume focuses on a particular topic (Thematic Focus), followed by papers of all fields of legal studies (Articles), and book reviews, conference reports, etc. (Current Issues). PLR accepts articles in English, German, French, Italian and Spanish; the key focus areas are natural law, legal philosophy, legal history, public law, private law, international law and environmental law, however all fields of legal studies are welcome.</p>Pázmány Pressen-USPázmány Law Review2064-1818Opening Speech to the Workshop “AI and Law”
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18370
László Komáromi
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2025-02-172025-02-171115610.55019/plr.2024.1.5-6Digital Transformation of Court Proceedings, Artificial Intelligence and the Principles of Civil Procedure
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18371
<p>The article analyses the relationship between artificial intelligence and the principles of civil procedure law. It pays attention to fields of tension, future challenges and how we should draw the limits of the introducing of AI in civil justice.</p>Viktória Harsági
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2025-02-172025-02-1711171510.55019/plr.2024.1.7-15Adapting to Change: AI’s Potential Impacts on Journalism
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18372
<p>This article examines the transformative impact of the fourth industrial revolution on communication, particularly focusing on artificial intelligence (AI) in journalism. The proliferation of AI technologies has revolutionized how news is searched, produced, disseminated, and managed, enhancing communication flows and personalization. Despite historical resilience through various technological upheavals, local journalism faces unprecedented challenges due to the disruption of traditional business models by the internet, leading to significant declines in print circulation and advertising revenues. The advent of generative AI, exemplified by tools like ChatGPT, offers both opportunities and threats. While AI can automate routine tasks, enhance multimedia storytelling, and increase operational efficiency, it also raises ethical concerns, risks of misinformation, and potential job losses. The article emphasizes the need for responsible AI integration, continuous journalist training, and regulatory frameworks to ensure that AI sooner enhances than undermines journalistic integrity and democracy. Furthermore, the reliance on AI by media organizations could threaten financial stability and necessitate innovative business models and government regulations to ensure fair compensation and intellectual property protection. Despite these challenges, AI presents opportunities for innovation in journalism, emphasizing the importance of balancing technological advancement with ethical considerations.</p>János Tamás Papp
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2025-02-172025-02-17111173110.55019/plr.2024.1.17-31Artificial Intelligence and the Management of Stock Corporations – Organisational and Liability-Related Issues
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18373
<p>Even if self-driving corporations are not yet on the horizon, some management tasks may be already performed by Artificial Intelligence (AI). This first raises the question to what extent and under which conditions the deployment of AI in the course of management of a corporation is already possible and can prove useful (I.). Secondly, the question arises whether and under which conditions the directors and the corporation can be held liable for the unlawful use of automated systems and any resulting damage (II.). The following article seeks to answer these questions mainly from the perspective of German and Swiss stock corporation law.</p>Peter Jung
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2025-02-172025-02-17111335110.55019/plr.2024.1.33-51Possibilities and Practical Experiences of Using Artificial Intelligence in Taxation
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18375
<p>The present paper aims at analysing whether or not AI/robots should be taxed to counter this backdrop. In the first part, the author summarizes selected targeted options that have been considered for taxing AI/robots. The author also analyses the various options from the perspective of relevant tax policy principles. In light of the assessment and discussion in the article, the author puts forward the idea of a sovereign measure, that is, an education tax. Moreover, given the fact that a sovereign measure may not be sufficient to tackle the issue at stake, the author discusses the possibility of implementing a global fiscal redistribution mechanism (multilateral solution) from developed (surrender jurisdictions) to developing countries (recipient jurisdictions). One such solution is to create a global education tax to foster education or awareness in developing or low-income countries. A much broader solution would be to introduce the so-called planetary tax, which would assist developing or low-income countries in dealing with a wide range of planetary issues.</p>Ildikó Szabó
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2025-02-172025-02-17111536610.55019/plr.2024.1.53-66Less Human but More Effective?
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18376
<p>The advent of information technology has also facilitated the organization of working time. As for now, various electronic monitoring tools and AI algorithms assist in tracking employee performance and planning schedules, making registration of working time easier and enhancing efficient planning. This paper explores the impact of the IT and the AI on working time, advocating for technology to support more human working time policies, for the benefit of both the employers and the employees. It examines EU and Hungarian legal provisions, emphasizing that the organization of working time should prioritise worker needs alongside economic considerations. The paper argues for the humanization of work, with digital tools offering potential to incorporate employee preferences into working time management, thus fostering mutually beneficial solutions.</p>Gábor Kártyás
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2025-02-172025-02-17111678010.55019/plr.2024.1.67-80US Constitution and the Notion of Family
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18377
<p>This paper examines the family and privacy jurisprudence exercised by the United States Supreme Court. These cases have provoked a substantial amount of attention from the public and politics in the history of the Court. Arguments for the decisions have been widely debated, criticized, and discussed. Arguably, some of these cases have even changed the role of the Court, the culture of the American nation, and the structure of the American society. The paper attempts to investigate these issues in detail and pose a federalist argument shedding light on the dangers of judicial activism regarding the institutions of a democratic state.</p>Sarolta Judit Molnár
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2025-02-172025-02-17111819910.55019/plr.2024.1.81-99The Importance of the Participation of the Medical Expert in Criminal Proceedings
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18378
<p>The Criminal Procedure Act significantly changed the rules of expert evidence, so e.g. in order to prevent the prolongation of the procedures, it attempts to direct the process of appointing experts and evaluating expert opinions into a reasonable channel in order to make a considered and timely decision. The time that has passed since the entry into force of the law already allows us to examine the practice of law enforcement. I believe that the biggest change comes from the regulation of the private expert opinion, which allows the defendant and his defense to have equalrights in the criminal proceedings, which also follow from the principle of equality of arms. And all of this strengthens the fairness of the procedure in general, which can be a guarantee of the birth of judicial verdicts that are also close to the material truth.</p>Zoltán Szilvássy
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2025-02-172025-02-1711110111610.55019/plr.2024.1.101-116Combating Ponzi Schemes: an in-Depth Look at Law Enforcement Effectiveness in Indonesian Context
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18379
<p>Ponzi schemes, infamous for their ability to exploit unsuspecting investors, continue to pose a significant challenge to financial authorities globally. Indonesia, with a burgeoning economy and a growing financial sector, is not immune to the threat of fraudulent activities. This study delves into the effectiveness of existing law enforcement measures in Indonesia to combat Ponzi schemes, shedding light on areas that need of needing improvement. The research employs a mixed-methods research design, the study combines quantitative and qualitative data to comprehensively examine the issue. The findings reveal that while Indonesia has specific legal provisions to prosecute Ponzi scheme operators based on the sectoral laws and regulations, law enforcement still faces challenges related to evidentiary factors, witness factors, legal instrument, and limited resources. The reluctance of victims to report these schemes hinder successful prosecution. Law enforcement agencies often prioritize other criminal offenses due to resource constraints. To address these challenges, the study emphasizes the need for enhanced collaboration among law enforcement agencies and banking institutions, and the allocation of resources for these cases should be reconsidered. These reforms are essential to improve the state of law enforcement and protect potential victims of Ponzi schemes in Indonesia.</p>Rizaldy Anggriawan
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2025-02-172025-02-1711111714610.55019/plr.2024.1.117-146Comparing Foreseeability in Contractual Damages under the CISG, Unidroit Principles and Principles of European Contract Law
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18380
<p>In contract law, when one party breaches its contractual obligations, the aggrieved party may claim to recover damages; however, they are not always entitled to the full amount of loss or damages caused. To limit damages in contract disputes, national legal systems and international instruments have introduced foreseeability into the contract language. The aim of this research is to investigate foreseeability as it has been applied under the Vienna Sales Convention (CISG), the UNIDROIT Principles (UPICC) and the Principles of European Contract Law (PECL). In the study, the principle of foreseeability is examined as regulated in these three instruments with a comparison of their similarities and differences. While textual differences between the instruments are minor, challenges remain in interpreting foreseeability rule including its ambiguity and uncertainty. Nonetheless, the broad and flexible approach of foreseeability continues to be effective in the global commercial context.</p>Nguyen Thi Quynh
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2025-02-172025-02-1711114715810.55019/plr.2024.1.147-158Ius Quia Iustum: Helmut Pree’s Doctoral Laudation
https://ojs3.mtak.hu/index.php/pazmany_law_review/article/view/18382
Lóránd Ujházi
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2025-02-172025-02-1711115916410.55019/plr.2024.1.159-164