Péter Gárdos

Transfer of Contract in Hungarian Law

Legal Concerns and Inconsistencies in the Judicial Practice

Summary

On the basis of the above analysis, we have concluded that the rule of the Civil Code, according to which, in the case of assignment, the rights arising from the charge and surety securing the claim and the interest receivable are transferred to the assignee, should be interpreted as an illustrative list only. It would seem reasonable to interpret the above-mentioned provision of the Civil Code in a broader sense and to recognise the transfer to the assignee of non-independent rights and of the rights that form the basis of the underlying relationship. This interpretation reflects the presumed intention of the parties and may, therefore, be a way of reducing transaction costs, but it can also be compared with the assumption of debts, where the Civil Code itself provides that the assignee is entitled to all the rights which the original debtor had under the contract.1 In the case of debts, therefore, an express statutory rule ensures the transfer of the ancillary rights attaching to the obligation assumed.

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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