Miklós Király | Eötvös Loránd University Budapest (original) (raw)

Papers by Miklós Király

Research paper thumbnail of The Concept of International Sales in Uniform Law Instruments

European review of private law, May 1, 2024

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Research paper thumbnail of Competing Methods and Norms in the Regulation of International Sales

SUBB Iurisprudentia nr. 4/2023, 2023

The study explores the unification of private international law and substantive contract law in t... more The study explores the unification of private international law and substantive contract law in the field of international sales law. It starts by asking whether the instruments of uniform substantive contract law can fully replace the rules of private international law, as well as if different periods be distinguished: can it be said that, at first, private international law played the decisive role in the settlement of international commercial disputes, followed by the law of traders, the Lex Mercatoria, and then by uniform norms of substantive law? Or is the relationship more sophisticated, because different gates open between the instruments of substantive law and conflict of laws? Can private international law eventually play a role in determining the application of substantive law conventions or in filling gaps in the uniform law? In the second part of the paper, several examples demonstrate that the unification of substantive law and private international law does not exclude or make each other superfluous; they live in a multifaceted relationship, besides competing as part of their long-lasting coexistence.

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Research paper thumbnail of INTERNATIONAL SALES LAW AND ITS INTERPRETATION

Russian Law Journal , 2024

The study reviews and compares the sources of uniform substantive law on international sales and ... more The study reviews and compares the sources of uniform substantive law on international sales and contracts, to give an overview of the methods elaborated to interpret them. Have uniform law instruments hammered out a common solution for their interpretation? They have gradually confronted with the problem of interpretation and developed the rules governing interpretation, moving away from the definition of the content of some specific legal concepts towards abstract principles of construction, such as the international character of the instrument. The most influential in this area has been the regulatory approach of the Vienna Sales Convention. However, there are still distinctions in relation to the possible role of private international law (conflict of laws), more precisely the role of the national law designated by private international law, in filling loopholes.

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Research paper thumbnail of The Concept of International Sales in Uniform Law Instruments - Abstract

ERPL, 2024

Deciding whether a contract of sale is an international transaction or not and according to which... more Deciding whether a contract of sale is an international transaction or not and according to which criteria is an inescapable task, not only for private international law (PIL) but also for the instruments aiming to create uniform substantive contract law. The paper reviews the different solutions from the 1930s to the development of the last decades, from the first drafts of the International Institute for the Unification of Private Law ('UNIDROIT') on international sales to the Draft Common European Sales Law. Of course, the Vienna Sales Convention ('CISG'), as a successful international instrument, is also given special emphasis in this comparative and historical analysis. Although during the past century of unification, the definition of international character became clearer and simpler, much however depends on how broadly or narrowly legislators wish to define the scope of the uniform substantive law to facilitate the acceptance and ratification of an international convention. A further specific question is whether uniform law should apply to all international sales (universal application) or only to international transactions linked to Contracting States. The paper also analyses the different positions on this issue.

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Research paper thumbnail of § 38 Mitteleuropäisches Freihandelsabkommen (Central European Free Trade Agreement – CEFTA)

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2022

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Research paper thumbnail of From the Treaty of Rome to the Rome Declaration

Hungarian yearbook of international law and European law, Dec 1, 2018

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Research paper thumbnail of Hartkamp / M. Hesselink / E. Hondius / C. Joustra / E. du Perron / M. Veldman (eds.), Towards a European Civil Code, Third Fully Revised and Expanded Edition, Ars Aequi Libri - Nijmegen ISBN 90 6916 494 9 (HB), Kluwer Law International ISBN 90 411 2280 X (HB), 2004, pp. xvi + 847

Uniform Law Review, Aug 1, 2005

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Research paper thumbnail of Brigitta Lurger, Grundfragen der Vereinheitlichung des Vertragsrechts in der Europaischen Union, Springer, Wien / New York, 2002, pp. 599, ISBN 3-211-83774-4

Uniform Law Review, Aug 1, 2003

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Research paper thumbnail of Back to the Future: Ferenc Mádl, The Law of the European Economic Community (1974)

Hungarian yearbook of international law and European law, Nov 1, 2021

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Research paper thumbnail of The UNIDROIT Principles as Reference for the Uniform Interpretation of National Laws: Report on Hungarian Law

Springer eBooks, Nov 4, 2020

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Research paper thumbnail of Farewell to Professor Attila Harmathy (1937–2022)

ELTE law journal /, 2022

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Research paper thumbnail of Is Hungary prepared for the accession to the European Cummunity

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Research paper thumbnail of § 27 Mitteleuropäisches Freihandelsabkommen (Central European Free Trade Agreement – CEFTA)

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Research paper thumbnail of A. Hartkamp, M. Hesselink, E. Hondius, C. Joustra, E. Du Perron (eds.), Towards a European Civil Code, Second Revised and Expanded Edition, Kluwer Law International, The Hague, London, Boston, 1998, p. 652, ISBN 90 411 10313

A. Hartkamp, M. Hesselink, E. Hondius, C. Joustra, E. Du Perron (eds.), Towards a European Civil Code, Second Revised and Expanded Edition, Kluwer Law International, The Hague, London, Boston, 1998, p. 652, ISBN 90 411 10313

Uniform Law Review, Dec 1, 1998

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Research paper thumbnail of O. Lando /H. Beale (eds.), Principles of European Contract Law, Parts I and II (Combined and Revised), prepared by the Commission of European Contract Law, Kluwer Law International, The Hague/London/Boston, 2000, pp. 561, ISBN 90 411 1305 3

Uniform Law Review, Aug 1, 2000

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Research paper thumbnail of A framework for European private international law: current gaps and future perspectives

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Research paper thumbnail of Some characteristics of the approximation of laws in Hungary

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Research paper thumbnail of SPECIFIC PERFORMANCE -AND THE INTERNATIONAL UNIFICATION OF SALES LAW

AUC IURIDICA, 2/2023, 2023

Over the past decades, several approaches have been tried in the process of the unification of co... more Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers.

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Research paper thumbnail of A Daily Mailtől az Inspire Artig

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Research paper thumbnail of The Impact of EC Law on Higher Education. Subsidiarity or supranationality?

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Research paper thumbnail of The Concept of International Sales in Uniform Law Instruments

European review of private law, May 1, 2024

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Research paper thumbnail of Competing Methods and Norms in the Regulation of International Sales

SUBB Iurisprudentia nr. 4/2023, 2023

The study explores the unification of private international law and substantive contract law in t... more The study explores the unification of private international law and substantive contract law in the field of international sales law. It starts by asking whether the instruments of uniform substantive contract law can fully replace the rules of private international law, as well as if different periods be distinguished: can it be said that, at first, private international law played the decisive role in the settlement of international commercial disputes, followed by the law of traders, the Lex Mercatoria, and then by uniform norms of substantive law? Or is the relationship more sophisticated, because different gates open between the instruments of substantive law and conflict of laws? Can private international law eventually play a role in determining the application of substantive law conventions or in filling gaps in the uniform law? In the second part of the paper, several examples demonstrate that the unification of substantive law and private international law does not exclude or make each other superfluous; they live in a multifaceted relationship, besides competing as part of their long-lasting coexistence.

Bookmarks Related papers MentionsView impact

Research paper thumbnail of INTERNATIONAL SALES LAW AND ITS INTERPRETATION

Russian Law Journal , 2024

The study reviews and compares the sources of uniform substantive law on international sales and ... more The study reviews and compares the sources of uniform substantive law on international sales and contracts, to give an overview of the methods elaborated to interpret them. Have uniform law instruments hammered out a common solution for their interpretation? They have gradually confronted with the problem of interpretation and developed the rules governing interpretation, moving away from the definition of the content of some specific legal concepts towards abstract principles of construction, such as the international character of the instrument. The most influential in this area has been the regulatory approach of the Vienna Sales Convention. However, there are still distinctions in relation to the possible role of private international law (conflict of laws), more precisely the role of the national law designated by private international law, in filling loopholes.

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Research paper thumbnail of The Concept of International Sales in Uniform Law Instruments - Abstract

ERPL, 2024

Deciding whether a contract of sale is an international transaction or not and according to which... more Deciding whether a contract of sale is an international transaction or not and according to which criteria is an inescapable task, not only for private international law (PIL) but also for the instruments aiming to create uniform substantive contract law. The paper reviews the different solutions from the 1930s to the development of the last decades, from the first drafts of the International Institute for the Unification of Private Law ('UNIDROIT') on international sales to the Draft Common European Sales Law. Of course, the Vienna Sales Convention ('CISG'), as a successful international instrument, is also given special emphasis in this comparative and historical analysis. Although during the past century of unification, the definition of international character became clearer and simpler, much however depends on how broadly or narrowly legislators wish to define the scope of the uniform substantive law to facilitate the acceptance and ratification of an international convention. A further specific question is whether uniform law should apply to all international sales (universal application) or only to international transactions linked to Contracting States. The paper also analyses the different positions on this issue.

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Research paper thumbnail of § 38 Mitteleuropäisches Freihandelsabkommen (Central European Free Trade Agreement – CEFTA)

Nomos Verlagsgesellschaft mbH & Co. KG eBooks, 2022

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Research paper thumbnail of From the Treaty of Rome to the Rome Declaration

Hungarian yearbook of international law and European law, Dec 1, 2018

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Research paper thumbnail of Hartkamp / M. Hesselink / E. Hondius / C. Joustra / E. du Perron / M. Veldman (eds.), Towards a European Civil Code, Third Fully Revised and Expanded Edition, Ars Aequi Libri - Nijmegen ISBN 90 6916 494 9 (HB), Kluwer Law International ISBN 90 411 2280 X (HB), 2004, pp. xvi + 847

Uniform Law Review, Aug 1, 2005

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Research paper thumbnail of Brigitta Lurger, Grundfragen der Vereinheitlichung des Vertragsrechts in der Europaischen Union, Springer, Wien / New York, 2002, pp. 599, ISBN 3-211-83774-4

Uniform Law Review, Aug 1, 2003

Bookmarks Related papers MentionsView impact

Research paper thumbnail of Back to the Future: Ferenc Mádl, The Law of the European Economic Community (1974)

Hungarian yearbook of international law and European law, Nov 1, 2021

Bookmarks Related papers MentionsView impact

Research paper thumbnail of The UNIDROIT Principles as Reference for the Uniform Interpretation of National Laws: Report on Hungarian Law

Springer eBooks, Nov 4, 2020

Bookmarks Related papers MentionsView impact

Research paper thumbnail of Farewell to Professor Attila Harmathy (1937–2022)

ELTE law journal /, 2022

Bookmarks Related papers MentionsView impact

Research paper thumbnail of Is Hungary prepared for the accession to the European Cummunity

Bookmarks Related papers MentionsView impact

Research paper thumbnail of § 27 Mitteleuropäisches Freihandelsabkommen (Central European Free Trade Agreement – CEFTA)

Bookmarks Related papers MentionsView impact

Research paper thumbnail of A. Hartkamp, M. Hesselink, E. Hondius, C. Joustra, E. Du Perron (eds.), Towards a European Civil Code, Second Revised and Expanded Edition, Kluwer Law International, The Hague, London, Boston, 1998, p. 652, ISBN 90 411 10313

A. Hartkamp, M. Hesselink, E. Hondius, C. Joustra, E. Du Perron (eds.), Towards a European Civil Code, Second Revised and Expanded Edition, Kluwer Law International, The Hague, London, Boston, 1998, p. 652, ISBN 90 411 10313

Uniform Law Review, Dec 1, 1998

Bookmarks Related papers MentionsView impact

Research paper thumbnail of O. Lando /H. Beale (eds.), Principles of European Contract Law, Parts I and II (Combined and Revised), prepared by the Commission of European Contract Law, Kluwer Law International, The Hague/London/Boston, 2000, pp. 561, ISBN 90 411 1305 3

Uniform Law Review, Aug 1, 2000

Bookmarks Related papers MentionsView impact

Research paper thumbnail of A framework for European private international law: current gaps and future perspectives

Bookmarks Related papers MentionsView impact

Research paper thumbnail of Some characteristics of the approximation of laws in Hungary

Bookmarks Related papers MentionsView impact

Research paper thumbnail of SPECIFIC PERFORMANCE -AND THE INTERNATIONAL UNIFICATION OF SALES LAW

AUC IURIDICA, 2/2023, 2023

Over the past decades, several approaches have been tried in the process of the unification of co... more Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers.

Bookmarks Related papers MentionsView impact

Research paper thumbnail of A Daily Mailtől az Inspire Artig

Bookmarks Related papers MentionsView impact

Research paper thumbnail of The Impact of EC Law on Higher Education. Subsidiarity or supranationality?

Bookmarks Related papers MentionsView impact