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 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.
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Authors:Ranjeet Kumar, R. C. Tripathi, and M. D. Tiwari
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