Péter Gárdos

Transfer of Contract in Hungarian Law

Legal Concerns and Inconsistencies in the Judicial Practice

BH2020. 106.

In the Curia’s first judgment published after the Constitutional Court’s decision, a 20-year fixed-term agricultural lease was concluded on 3 December 2014 between the defendant, as the tenant, and the National Land Fund Management Organisation (hereinafter: the NFA), acting on behalf of the Hungarian State, as the landlord. Following the conclusion of the contract, the property was divided by land conversion; the plaintiff purchased the property from the State on 12 June 2016. The plaintiff subsequently terminated the lease with immediate effect on 26 June 2017. In the termination notice, the plaintiff’s primary claim was that the defendant had obstructed the plaintiff’s inspection procedure that the plaintiff was entitled to under the sectoral rules. Since the defendant considered the termination to be unlawful, the plaintiff brought an action against the defendant. The relevant issue was whether the successor of the State was entitled to exercise the rights of the NFA under Act LXXXVII of 2010 on the National Land Fund.

Tartalomjegyzék

Kiadó: Akadémiai Kiadó

Online megjelenés éve: 2024

ISBN: 978 963 664 059 0

Jogtudomány

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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