Joghatás

Joghatás, in Hungarian legal doctrine, is the legal effect or consequence produced by a normative rule or act that affect the legal status, rights, duties, or capacities of persons or entities. It describes what follows once a rule is applicable, including the creation, modification, or extinguishment of legal positions, as well as procedural consequences relevant to the operation of the rule.

Joghatás can be categorized by the relations it governs and by the nature of the consequence. It includes vertical relations between the state and individuals, as well as horizontal relations between private entities. The nature of the effect can be substantive, creating, changing, or terminating rights and obligations, or procedural, determining how the rule is applied, enforced, or administered. The law’s joghatás can be general, applying broadly, or individualized, affecting specific cases.

Temporal and transitional aspects are also part of joghatás. A norm generally takes effect on its entry into force and applies prospectively unless retroactivity is expressly permitted. Transitional provisions may specify how existing situations are affected by the change, aiming to ensure continuity and predictability in legal relations.

Constraints and coordination with other norms are essential aspects. Joghatás must be compatible with higher-ranking norms, especially constitutional principles; in case of conflict, higher norms prevail. Practical interpretation involves examining the norm’s text, purpose, and its interactions with related rules. Examples include tax laws creating a payment obligation, civil laws recognizing or transferring property rights, and administrative regulations establishing procedural deadlines.