Péter Gárdos

Transfer of Contract in Hungarian Law

Legal Concerns and Inconsistencies in the Judicial Practice


Securities

A key issue for the operation of the transfer of contract is whether the securities of the contract remain to exist and secure the transferred contract. German law gives a differentiated answer to this question. Unless otherwise agreed by the parties, the accessory securities securing the claims of the party leaving the contract are transferred to the party entering the contract.1 Likewise, the accessory securities that secured the claims of the party remaining in the contract remain in place, provided that the security was provided by the party leaving or entering the contract.2 Accessory securities for the party remaining in the contract are extinguished pursuant to § 418 (1) of the BGB unless the party providing the security consents to its continuation.3

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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