A perfelvételi tárgyalás funkcióanalízise

Szivós, Kristóf (2024) A perfelvételi tárgyalás funkcióanalízise. JOG ÁLLAM POLITIKA: JOG- ÉS POLITIKATUDOMÁNYI FOLYÓIRAT, 16 (4). pp. 149-166. ISSN 2060-4580

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Abstract

The Code of Civil Procedure recognises several types of preparation of the main hearing. Of these, the preparatory hearing is of particular importance, given the predominant role of the oral hearing in civil proceedings established during the codification of procedural law in the 19th century. With the introduction of the new Code of Civil Procedure, however, the oral preparation of the main hearing, i.e. the preparatory hearing, has assumed a different function compared to its role under the earlier unified trial structure. However, in order to fulfil its role as intended by the legislator, the preparatory hearing must be conducted with due diligence by the parties and their representatives, which the legislator imposes through the requirement of professional diligence. The paper examines two issues: it conducts a functional analysis of the prepara- tory hearing, showing the role that oral preparation plays (or could play) in Hungarian procedural law, and it analyses the means by which the legislator seeks to compel the parties to cooperate in the most effective preparation of the main hearing.

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