The paper outlines some trends in the development of Hungarian civil law since the political changes. The role of certain social factors having an effect on civil law and trends in court practice are focused upon. In the law of torts the decline of the respect of the State seems to have an importance in recent chases. In the field of contract law problems connected with different kinds of risks are reflected. Both property law and contact law have been concerned in cases where principles of the protection of the owner and those of the protection of bona fide purchaser has been in contradiction. As a result of the growing importance of credit the role of secured transactions has increased.
In Hungary the codification of the civil law is just now progressing; the National Assembly is currently debating the Proposition for the new Civil Code replacing the Code of 1959. The Bill also affects the Hungarian notariat, which proudly looks back to a past of 700 years, and is conferring several new powers on the organisation.In the medieval Hungary the activities requiring public authenticity were performed by two types of institutions, the locus authenticus operated by the Church and the secular civil law notary. The loci authentici were succeeded by the Latin type of notariat in 1875. Following the 1948 Communist takeover, the Latin type of notariat fell victim to the transformation of the justice system after the Soviet model. It was not until after 1991 that the private type of notariat in harmony with the Hungarian traditions could resume its operation in the end.At present two main groups of cases fall within the competence of the civil law notaries: conducting certain non-litigious proceedings, and preparing notarial deeds. The new Civil Code would refer several new non-litigious proceedings to the competence of the civil law notaries, for example keeping the register of the matrimonial and conjugal property contracts, conducting divorce upon the agreed request of the parties, as well as the dissolution of common law marriage upon the agreed request of the parties. In conclusion the codification enlarges the sphere of tasks of the notariat in the territory of non-litigious proceedings, thus wishing to strengthen the Hungarian Notariat’s official character.
This study makes the proposal to introduce the contract remoteness test into the Hungarian civil law as a principal restriction on compensatory damages. The author sums up the development of the reasonable contemplation test in the English common law first formulated in Hadley v. Baxendale. He compares it with Art. 1150 of the Code civil, Art. 252 of the German BGB and Art. 74 of the Vienna Sales Convention, before making his proposal for the new Hungarian Civil Code.
Menyhárd , Attila
, ‘A bizalmi vagyonkezelés a magyar polgári jogban’ (The fiduciary asset management in the Hungariancivillaw) in Kisfaludi , András (eds), Tanulmányok a bizalmi vagyonkezelés jogi szabályozásának elméleti alapjairól
. Pfv. III. 22.627/1999. Collection of Existing Legislation. [Legfelsőbb Bíróság Pfv. III. 22.627/1999. CompLex Hatályos Jogszabályok Gyűjteménye.] net.jogtar.hu [Hungarian]
Civillaw. Contract law. First and second parts