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Act V of 2013 on the Civil Code.

Country
Type of law
Legislation
Source

Abstract
This Act approving the Hungarian Civil Code governs the property and personal relations of persons in accordance with the principles of non-subordination and equality. Laws governing civil law relations shall be interpreted in accordance with this Act. The Code is divided into 5 books: introductory provisions (book 1); the individual as subject of law (book 2); legal persons (book 3); family law (book 4); right in Rem (book five); law of obligations (book six); law of succession (book seven); and final provisions (book 9).
PROPERTY AND REAL RIGHTS. Property law is contained in book five. Specifically, it regulates ways of acquisition and transfer of possession. Possessor means the person holding the thing in his possession as his own or under a legal relationship entitling him to possess the thing temporarily. Beside the possessor holding the thing in his de facto possession on the basis of a legal relationship entitling him to possess the thing temporarily (sub-possessor), the person from whom this possession was obtained by the de facto possessor shall also be considered a possessor (main possessor) (section 5:1). A person without just title to possess a thing shall be obliged to release it to the person entitled to possession. Part two of the Book fixes the General Rules on ownership. Ownership shall extend to all parts solidly united with the thing in such a way that their separation would result in the destruction of the thing or of the separated part, or its value or usability would decrease significantly due to the separation (Section 5:15). The owner of the real estate shall be obliged to allow the persons authorised by law to use the real estate temporarily, acquire a right to use it or otherwise restrict the ownership of the real estate, to the extent necessary for performing their duties (Section 5:27). Expropriation comes defined in Chapter XI. Finally, the book also regulates easement and use for public interest. By virtue of easement, the current possessor of the real estate may use another’s real estate to a specified extent for the purposes of providing pathways, water supply, drainage, establishing a cellar, placement of electricity pylons, propping a building or for any other similar purpose of benefit to the current possessor of the real estate, or may require the possessor of the other real estate to refrain from a conduct to which he is otherwise entitled. (Section 5:160).
INHERITANCE. Book seven regulates law of succession. Succession shall be based upon testamentary disposition or upon the law. Particularly, part five contains provisions on the inheritance of agricultural land (Section 7:89).
OBLIGATIONS AND CONTRACTS. Contract law and law of obligations are contained in book six. Obligation means a commitment to perform services and an entitlement to claim the performance of services. The obligation may involve the provision of a thing, an activity or abstention from an activity, or another conduct (Section 6:1). Obligations may arise in particular from contracts, from causing damage, violating personality rights, in rem or other rights, from unilateral juridical acts, securities, unjustified enrichment, agency without authority and from implied conduct (Section 6:2). The book also specifies causes for the termination of obligations. On the other hand, Part two of the Book defines the legal regime for contracts, establishing freedom of contract (6:59). Among other issues, this part of the book contains provisions on: the obligation to conclude a contract; conclusion of contracts; formation and interpretation of the contract; effects of the contract; and nullity and contestability.
AGRICULTURE. Notably, under the section dedicated to contracts, the Code includes a section dedicated to Contract to produce an agricultural work. Under a contract to produce an agricultural work, the contractor shall rear an animal owned by the client or produce crops on the land owned by the client, and the client shall pay the fee (Section 6:255). The contractor shall not be liable for the contract becoming impossible due to an animal or crop disease, if the reason for this disease was outside of his control and it was unpreventable. In this event, the contractor shall be entitled to a pro rata fee. In addition, section 6:354 establishes provisions for the contract for agricultural usufructuary lease. Finally, included among the subtypes of contracts of sale, section 6:232 regulates Contract of sale concluded for the provision of self-produced agricultural goods.
ANIMALS. The Act provides that animals are subject to the provisions applicable to things (Book Five, part 2, Chapter IV, section 5:14). Moreover, the book dedicates a section on acquisition of ownership of game and fish (Chapter XVI, Section 5:53). Chapter LXXIV from book six regulates the liability for damage caused by animals. A person keeping animals shall be liable for the damage caused by the animal to another person, except if he proves that he was not at fault in connection with keeping the animal. Keepers of dangerous animals shall be liable in accordance with the rules on liability for hazardous operations. (Section 6:562). On the other hand, the person entitled to hunt and in whose hunting area the damage was caused shall be liable for the damage caused by the huntable animal. If the damage was caused outside the hunting area, the person entitled to hunt from whose hunting area the game came out shall be liable for the damage (Section 6:563).
Date of text
Entry into force notes
This Act shall enter into force on 15 March 2014.
Notes
As in force on 1 July 2021.
Repealed
No
Serial Imprint
Magyar Közlöny, 2013-02-26, vol. 31, pp. 2382-2663
Source language

English

Legislation Amendment
No