Péter Gárdos

Transfer of Contract in Hungarian Law

Legal Concerns and Inconsistencies in the Judicial Practice


Consumer protection

The question just examined also highlights a more general problem: in German law, the question has arisen as to whether, in the event of a transfer of contract, the party entering into a contract is entitled to the protection afforded by the consumer protection provisions. The question arises particularly acutely in the case of consumer loan contracts in the context of whether a consumer who enters into the loan contract in place of the original debtor is entitled, as a new debtor, to the right of withdrawal applicable under § 355 BGB. In essence, the commentaries are unanimous in recognising that in the case of a transfer of the contract between the creditor and the new debtor, the new contracting party is entitled to the same protection as the original contracting party and that the right of withdrawal should, therefore, also apply to the new debtor.1 However, it is disputed whether the time limit for exercising the right of withdrawal should be calculated from the conclusion of the obligatory contract or the disposition. The majority view is that the deadline starts to run when the contract is concluded, since the obligatory contract is essentially a pre-contract for the purposes of the legal succession.2

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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