In 1998 the government of the Hungarian Republic decided that a new Civil Code is to be drafted. In 2000 the Main Committee of Codification issued guidelines for the new Civil Code, determining, among others, that the new Code is to be cast into separate books, after the model of the Dutch Civil Code, and that one of these separate books is to be devoted entirely to family law, i.e. a branch of law which has been enunciated in a separate Act since 1952. The present study examines some of the topical questions raised by a reform of family law in general, and the relevance of the above considerations to such an undertaking, in particular. The author makes a few proposals concerning the determination of independent principles for the family law materials which are to be included in the Civil Code, raises and discusses a number of questions in the area of marital property law which are in need of regulation or re-regulation, and discusses a few questions of child-parent relationships and of a reform in children's rights as related to some of the requirements enunciated in the U.N. Convention of Children's Rights.
The paper may serve as a good practical guidance for a foreign reader to the conception of the new Hungarian Civil Code. After a brief historical review, and description of the drafting process, the paper summarises the principal issues addressed in the Conception of the New Civil Code ("Conception"). These are: the proposed structure is a comprehensive code, covering all ranges of matters that are related to civil law, including commercial law, family matters, labour law, company law, intellectual property and conflict of laws issues. Then the paper describes the most important specific amendment proposals in the various fields covered by the Code: introduction of a preamble, basic principles of the civil law, rules regarding legal entities, property rights, contract law, including liability, and finally in the field of the law on succession.
Considered as a European Harmonisation Factor in FamilyLaw (Regarding Regulation Brussels II-bis) ’ in K Boele-Woelki (ed) Common Core and Better Law in European FamilyLaw (Intersentia 2005 ) 353 – 361
The Visegrad Group, the Czech Republic, Hungary, Poland and Slovakia, which forms the core of Central and Eastern Europe once more became constitutional and democratic states as a result of the changes of 1989. The global economic and financial crisis that began in 2008 has naturally shaken up the Central European region, but the intensity of its impact varied from country to country. The period between 2008 and 2010 hit Hungary the hardest, which led to the landslide political transformation of 2010. However, the economic and financial crisis that began in 2008 did not in itself lead to a new wave of constitutional legislation in Central Europe. The creation of a new constitutional identity in Hungary with the adoption of the Fundamental Law of 2011 has more to do with the local, specific political, social and perhaps partially legal historical conditions. At this time, the other Visegrad countries can be characterised by maintenance of the constitutional status quo or only partial amendments. It is true that in these countries the turbulence caused by the crisis has not yet lead to a single party or coalition achieving the qualified majority required for constitutional reform. The situation in Poland after 2015 is still open but the new government does not have the necessary majority for the adoption of new constitution. The constitutional amendments adopted after 2008 were only a partial reaction to the great economic and financial crisis. Rather, many amendments were reflections on structural problems that had existed previously or problems arising in the course of day-to-day politics that had not been fully considered previously or they introduced long-debated and still timely changes.
Among new trends, the protective measures applicable to natural assets and waters were introduced in the interest of future generations. These were inserted in a very forceful manner into the Hungarian and Slovakian constitutional systems during the post-crisis period. The reinforcement of such an ecological identity could be interpreted as a positive development. However, the public law documents of the region are also characterised by a certain conservative ‘revolutionary’ mood including the definition of marriage as a relationship between a man and a woman; some family law measures aimed at improving demographic conditions and the passages of the Hungarian Fundamental Law concerning a society based on work. The function of constitutional courts is also beginning to be re-evaluated in the region, mainly in Hungary and Poland.
Boros , László and Sajó , András , A család és a családi jog megjelenése az állampolgárok tudatában. Jogtudat, jogismeret (Family and FamilyLaw in the Consciousness of the Citizens. Legal Consciousness and Knowledge about Law) (MTA Szociológiai
, Slomo, rabbi: 1939 Kicur sulchán áruch (ךורע ןחלש רוצק) Excerpts from the Sulchán aruch with parallel Hungarian translati Vol. III, familylaws (החפשםיניד) (Translated and edited by Dr. Singer, Leó Chief Rabbi, Várpalota