Péter Gárdos

Transfer of Contract in Hungarian Law

Legal Concerns and Inconsistencies in the Judicial Practice


The Uniformity Decision of the Curia and its consequences

Despite the Constitutional Court’s decision, the legislator did not pass legislation on the statutory transfer of contract and, therefore, did not eliminate the infringement of the Fundamental Law. With no other options left, the Curia decided to settle the issue by a uniformity decision that is binding on all courts. Thus, a civil law uniformity decision (7/2021 PJE) was published on the enforcement of the rules governing transfers of contracts under the Civil Code, in which the Curia examined the issues related to Section 53/C of the Act on Transition.

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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