Péter Gárdos

Transfer of Contract in Hungarian Law

Legal Concerns and Inconsistencies in the Judicial Practice

Situation resulting from the Constitutional Court’s decision

There is no doubt that the rules on the transfer of contracts in the Act on Transition have created considerable legal uncertainty. First, as indicated above, the interpretation of Section 50 of the Act on Transition itself raises a number of questions. However, Section 53/C of the Act on Transition on the statutory transfer of contracts makes the situation even worse. As Ágnes Czine rightly observes in her dissenting opinion to the Constitutional Court’s decision, the provision under examination does not regulate a question to be settled in the Act on Transition, since the provision determining the legal effect of a statutory transfer is not a transitional rule, but a norm determining the essence of the transfer of contract.1 A further problem is that this rule differs strikingly from the rule on the transfer of contracts in the Civil Code. In view of this provision, it is also difficult to give a clear answer to the question of the rules under which a contractual transfer of contract may take place.

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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