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Customary Law in Hungary - Courts, Texts, and the Tripartitum (Hardcover)
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Customary Law in Hungary - Courts, Texts, and the Tripartitum (Hardcover)
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This is the first comprehensive treatment in any language of the
history of customary law in Hungary, from the thirteenth to the
twentieth centuries. Hungary's customary law was described by
Stephen Werboczy in 1517 in the extensive law code known as the
Tripartitum. As Werboczy explained, Hungarian law derived from the
interplay of Romano-canonical law, statute, written instruments,
and court judgments. It was also responsive, however, to popular
conceptions of the law's content and application, as communicated
through the lay membership of the kingdom's courts. Publication of
the Tripartitum was intended to make the law more certain by fixing
it in writing. Nevertheless, its text was customized by actual use,
in the same way as the statute laws of the kingdom were adjusted as
a consequence of court practice and of errors in their
transmission. The reputation attaching to the Tripartitum and
Hungary's insulation from the Roman Law Reception meant that the
Tripartitum continued to retain authority until well into the
nineteenth century. Attempts to replace it foundered and it was the
principal text on which the courts and the schools relied, not only
in Habsburg Hungary but also in Transylvania. Courts, nevertheless,
continued to modify its provisions in the interests of rendering
judgments that they deemed either to be right or in conformity with
developing practices. Even after the establishment of a
parliamentary form of government in the nineteenth century, a
strong customary element attached to Hungarian law, which was
amplified by the association of customary law with national
traditions. The consequence was that Hungary maintained aspects of
a customary law regime until the Communist period.
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