Thesis supervisor: József Benke
Location of studies (in Hungarian): University of Pécs Faculty of Law and Political Sciences Abbreviation of location of studies: PJTSz
Description of the research topic:
The project (research theme) examines, on the one hand, itself the tools and aims of the applied science of the so-called vertical comparative law within the field of European Private Law History. On the other hand, the project goes not only about the methods but about the application thereof in praxi as well. The vertical axis of European Comparative Private Law History begins with the objects of the Legal Greek and Roman Studies of the Antiquity (Gräzistik and Romanistik), continues with the Survival of Roman Law in Byzantium and in Western Europe, and ends up in the 19th century when the most important private laws of Europe were successfully codified in a modern sense. The connection of historical questions and that of laws in effect is also supported since this grounds the applicability of the researches’ outcomes, however, the major part of investigations shall belong to the field of historical comparison. Regarding a particular private law system or a particular legal institution of the private law as a whole, the objects of comparison are the socio-economic setting of law, the normative and the meta-normative sources of law, the history of jurisprudence, and also that of the application of law such as courts’ praxis and market practice. The project also incorporates the complex analysis of the mentioned objects with respect to a very institution of law or a whole system or branch of private law within Europe or between Europe and Anglo-Saxon Systems of Law and Mixed Jurisdictions outside Europe.
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