Péter Gárdos

Transfer of Contract in Hungarian Law

Legal Concerns and Inconsistencies in the Judicial Practice


Transfer of contract as a sui generis tripartite contract

While the BGB has created an express rule allowing for succession in respect of claims and debts, there is no such provision for the transfer of contracts. The fact that the BGB itself regulated such special contractual arrangements helped recognize the transfer of contract by the consent of the parties.1 The debate on the admissibility of transfer of contract has thus focused primarily on the question of whether it is possible to create a succession in a complete contractual position simply by applying the rules of assignment and assumption of debt.

Transfer of Contract in Hungarian Law

Tartalomjegyzék


Kiadó: Akadémiai Kiadó

Online megjelenés éve: 2024

ISBN: 978 963 664 059 0

Péter Gárdos’s book delves into the realm of contract transfer within the context of the Hungarian Civil Code. With a keen eye on legal evolution, Gárdos traces the genesis of the Code's provisions, revealing surprising complexities that emerged despite prior court recognition of the transfer of contract practices. In response to ensuing uncertainties, the legislator enacted revisions and supplementary regulations, which paradoxically engendered further ambiguity.

Gárdos's comprehensive analysis navigates through this legal landscape, offering invaluable insights into the legislative rationale behind the Hungarian Civil Code and subsequent developments in legislation and case law. Building on the laws of various European countries and international instruments, the author not only interprets existing laws but also ventures into comparative studies across various European jurisdictions, enriching the discourse on contract law harmonization.

Hivatkozás: https://mersz.hu/gardos-transfer-of-contract-in-hungarian-law//

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