ELTE Law Journal

Guest Editorial on the ‘Prague–Budapest papers’

The papers published in these proceedings are results of two conferences held by the Faculties of Law of Charles University and Eötvös Loránd University (ELTE) on 20 June and on 10 October 2014 in Prague and Budapest respectively, dedicated to the new Czech and Hungarian Civil Codes. Both universities are considered to be the most […]

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Ordre Public, Abuse of Rights and Other General Clauses and the New Czech Civil Code

I Introduction This paper deals with several basic categories which are often called principles or basic rules of civil or private law. The aforementioned qualification of these terms is not the subject of our research, however. We consider good faith, good morals, ordre public and other categories mentioned in the civil code to be general […]

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The Principle of Legitimate Expectations in the New Czech Civil Code

I Opening: Scope of Discussion In discussing the principle of ‘legitimate expectations’,[1] I have to start with some remarks about the articulation of values in Czech civil law, because ‘legitimate expectations’ are about equity. With ‘values’ I mean universal tenets that are frequently referred to in civil-law codifications as interpretation instruments to bridge material (sector) […]

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Harmonisation of the Czech Consumer Rights in the New Civil Code

I Reform of Consumer Rights 2014 in the NOZ (New Czech Civil Code) Only some of the consumer rights are contained in Directive 83/2011/EU (hereinafter ‘the Directive’). After highflying plans and a very controversial process of its enactment within the European institutions, the Directive was restricted to distance selling contracts, contracts out of business premises, […]

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Protection of Personal Rights in the Czech New Civil Code

I Introduction – the New Civil Code Structure The New Civil Code[1] (hereinafter ‘NCC’) is based on the principles arising out of the ius naturalis approach. Natural rights are protected under the Czech Charter of fundamental rights and basic freedoms[2] following the Universal Declaration of Human rights and European Convention of Human Rights.[3] The protection […]

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Trade Secrets in the New Civil Code of Hungary

I Introduction – Summary of the Changes The new Hungarian Civil Code[1] does not devote too much room to the provisions that create a connection between civil law and the intellectual property codes.[2] Altogether, only one section deals directly with the connection between intellectual property (IP) and the NHCC. However, the topic still deserves a […]

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Solidarity and Maintenance Obligations in the Family – Old and New Elements in the New Hungarian Civil Code

I Principle of Solidarity Solidarity is a principle which governs several regulations in the field of family law as is self evident. Family members are normally expected to support each other according to the new Hungarian Civil Code,[1] namely Act No. V. 2013 (NHCC), as they were expected to do so in the frames of […]

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The Position of the Surviving Spouse in the Hungarian Law of Succession

‘There is no lonelier man in death, except the suicide, than that man who has lived many years with a good wife and then outlived her. If two people love each other there can be no happy end to it.’  (Ernest Hemingway) I Introduction After a person’s death, the property and debts of this person […]

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Transfer of Property, Claims, Rights and Contracts in the New Hungarian Civil Code

I Introduction The topic of this paper is at the same time very old, and brand new in Hungarian private law. It is very old because, ever since the concept of private ownership appeared, the transfer of ownership rights had to be an inevitable subject matter of its regulation under civil law. Similarly, the transfer […]

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Assignment of a Contract in the New Czech Civil Code

The paper discusses the regulation of the assignment of contracts under the new Czech Civil Law and explores the subject matter of an assignment, its forms and the consent of an assigned party. First, the author denies that the transfer of contract is a new legal concept in the Czech Law System. He also points out that the provisions of Sec. 1895-1900 NCC were deeply inspired by the Italian Codice Civile (Art. 1406-1410 CC). On the contrary, the regulation of PECL (12:201) does not constitute, from author´s point of view, a sufficient base for the national legislation.

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Risk of Loss and its Passing to the Buyer under the New Civil Code in Comparison with CISG

I Introduction   My paper deals with an important legal institution of the law of obligations, and especially of sales law – the risk of loss and its passage. When regulating this topic, the new Czech Civil Code, as well as the former Czech Commercial Code, drew inspiration from the United Nations Convention on Contracts […]

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Hungarian Fiduciary Asset Management Contracts in the Context of Czech Law

I Introductory Remarks   The new Hungarian and Czech Civil Codes[1] have both recently adopted the legal institution of trust in some form. The concept is known in the Czech Republic as a ‘trust fund’ and in Hungary as a ‘fiduciary asset management contract’. The Czech legislator has surprisingly taken inspiration from beyond Europe in […]

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Rules on Partnership in the New Hungarian Civil Code of 2013

I Regulatory History The institution of partnerships was already regulated by the former Hungarian Civil Code (Act IV of 1959 on the Civil Code, hereinafter referred to as FHCC), but it was also known in earlier Hungarian private law. During the Socialist era it fulfilled numerous functions and was used to regulate various matters, ranging […]

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New Regulated Credit and Loan Agreements in the New Czech and Hungarian Civil Codes

  I Introduction   Credit and loan agreements are types of contracts commonly used by industry. Because of the financial consequences and often long-term binding character, the contract is of great importance for the borrower. Loan agreements existed already in Roman law, and it was a contract with demanding requirements[1] as to its form to […]

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Insurance Contracts in the New Hungarian Civil Code

I Introduction   We would like to give a short overview of the regulation of insurance contracts in the new Hungarian Civil Code (Act V of 2013 on the Civil Code, hereinafter referred to as NHCC)[1] in this paper. Of course, we cannot interpret this topic in detail in a short paper and so we […]

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Risks and Side Effects: Five Questions on the ‘New’ Hungarian Tort Law

The rules of extra-contractual liability did not remain unaffected by the overwhelming reform of the Hungarian private law, which resulted in the codification of the New Civil Code in 2013. According to the Statement of Reasons provided by the legislator, the amendments and changes in this field set the following three objectives. The first was […]

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Regulation of Liability for Damage in the New Czech Civil Code

I Introduction The provisions on liability for damage are systematically arranged at the end of Act No. 89/2012 Coll., the Civil Code (‘NCC’), namely in s 2894 ff., and besides the general provisions on damages the legislation consists of some cases of liability for damage that were regulated in other laws until 2013, in particular […]

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Unjustified Enrichment in the New Hungarian Civil Code

The law of obligations in Hungarian private law rests – as with European private laws in general – on the trichotomy of sources of obligations: contract, tort and unjust enrichment. Although we try to draw border lines between them, in practice they prove to be overlapping categories. The policy behind contract law and tort law […]

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