Mađarsko građansko pravo : od precedentnog do kodeksnog prava (razvoj i novi kodeks)

Serbian

2018

volume 44, issue 2

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The first part of the paper examines basic tendencies in the development of the codification of Hungarian civil law in the period of the Hungarian feudal and bourgeois society. The second part deals with the new Hungarian Civil Code (2013/14) its content, methods of regulation and its relation to other legislation on civil law, temporal apects of validity based on the idea idea of application pro futuro, as well as its tendency to harmonize its norms with the guidelines of the European civil law. In accordance to the idea of completeness, the lawmakers incorporated all of the areas of civil law acording to the pandecta system - personal law, corporate law with asociations law, family law, obligations and inheritance. The Code is based on the principle of equality of parties in civil relations, the principle of good faith, and prohibition of abuse of rights. Family law is based on specific principles of protection of mariage, family and children. Contract law is based on the freedom of contract, limited by good customs and morality. Tort law is guided by the principle of prohibiting the harm to others, full reparation of material and moral prejudice. Contractual responsability is regulated separately, so that the tort rules apply if the specific rules of contractual resposability donot say otherwise. Other grounds for obligations are also regulated such as unjust enrichment, benevolent intervention in others affairs, uniulateral declarations of will, securities. Inheritance can be acquired by conventional appointment of an heir, testament and ab intestat. A system of delation and acquisition of the succession ipso jure by the sole death of the decujus has been adopted. The State shall be appointed as heir solely where no conventional, testamentary successor in title or a sucessor in title ab intestat.

25.03.2020