Kodifikation des Privatrechts in Ungarn und die Tradition des römischen Rechts
Hungarian civil law was not codified, and consequently court practice was very important. Judges often took into consideration foreign, in particular Austrian, rules when deciding cases. The Hungarian Civil Code of 1959, which entered into force on 1 May 1960, had the following...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Castilla-La Mancha: Facultad de Derecho y Ciencias Sociales. Area de Derecho Romano de Ciudad-Real
2015
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=5058864 |
| Source: | RIDROM: Revista Internacional de Derecho Romano, ISSN 1989-1970, Nº. 14, 2015, pags. 64-79 |
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| Summary: |
Hungarian civil law was not codified, and consequently court
practice was very important. Judges often took into consideration foreign,
in particular Austrian, rules when deciding cases. The Hungarian Civil
Code of 1959, which entered into force on 1 May 1960, had the following
important characteristics: a) It followed a unified concept of civil law.
b) Regulation regarding socialist property was very detailed. c) It
contained few definitions and programmatic, aspirational norms, or in
other words policy declarations. d) The operative norms tended to regulate
all legal relations in detail. e) The Hungarian Civil Code did not adopt
the notion of the juridical act which is one of the basic notions of the
German Civil Code. The Hungarian Civil Code also disregarded the General
Part of the Pandectist model viewing it as too abstract. f) The Hungarian
Civil Code implicitly accepted the category of iura in rem like quite a
few institutions rooted in Roman law. The Book on Ownership regulated the
classic real rights of enjoyment, namely usufruct, use and servitude as
well as the new forms of use. The Hungarian Civil Code underwent various
modifications due to the economic reforms initiated on 1 January 1968. The
Code was �depoliticised� after far-reaching political and economic changes
commenced in 1990. The Commercial Code of 1875 � which became largely
inefficient in the aftermath of World War II � still governed some legal
institutions. This was holding true for the various forms of corporations
(economic organizations) until January 1, 1990 |
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