Notaries' Gazette

Köszöntő

Viktor Máté — Wed, 31 Dec 2025 00:00:00 +0000

The last sixty years of our civil procedural law

Bence Bartha — Wed, 31 Dec 2025 00:00:00 +0000

In this study, I describe what I consider to be the most significant changes in civil procedural law over the last sixty years. This period has been extremely active from a procedural law perspective. Procedural law has been characterized by continuous legislation with the text of the law being subject to constant change. I began my examination from the period before the change of regime, in the mid-1960s, where the approach to procedural law following the hard-line Soviet model began to change. I examined a few specific aspects, such as the issue of court orders and the codification process which began in the 1980s. I then went on to analyse the moves surrounding the change of regime and legislation in the 2010s were highlighted, and further, the creation and entry into force of the new code of civil procedure, and its continuous changes to date.

Limited liability in private law, with particular regard to the liability of heirs

Balázs Bodzási — Wed, 31 Dec 2025 00:00:00 +0000

The paper reviews the development of property liability and the main cases of limited liability within it. It also examines in more detail the liability of heirs for debts in the estate. The author describes how the law of limited liability of heirs has developed and evolved. The differences between pro viribus hereditatis and cum viribus hereditatis are discussed, and finally, a brief description of the current Hungarian legal rules is given.

Some remarks on the issue of invalidity of arbitral awards under Swiss law

Ádám Boóc — Wed, 31 Dec 2025 00:00:00 +0000

This study examines the issue of the invalidity of arbitral awards under Swiss law, which is a frequent venue for arbitration clauses. It discusses the various grounds for invalidity and procedural issues such as jurisdiction and the time limit for bringing an action. In addition, the study provides examples from case law, including a specific case involving Hungary.

The law applicable to the renunciation of inheritance and the characteristics of the procedure for issuing a European Certificate of Succession

Zoltán Csehi — Wed, 31 Dec 2025 00:00:00 +0000

The European regulation of international succession law also poses a number of challenges for Hungarian notaries. From the rich case law of the Court of Justice of the European Union, I would like to present three recent cases that may be helpful in European inheritance proceedings. These cases also show us the new expectations which notaries must meet in cross-border inheritance proceedings. In European and international cases, we have to deal with the laws of other countries, which in many cases seriously challenge even experienced lawyers. With this short article, we would like to congratulate the Guest of Honour on his milestone birthday and express our respect and appreciation for his decades of exemplary work in the field of succession law, both in practice and in theory.

Supplements to the concept of real estate in light of Béni Grosschmid's work entitled "Werbőczy and English Law"

András Földi — Wed, 31 Dec 2025 00:00:00 +0000

This study analyses the 1928 monograph by Béni Grosschmid, the most prominent figure in Hungarian civil jurisprudence. The study focuses on the concepts of movable and immovable property as they appear in the monograph, as well as on the inheritance of these assets and the conceptual differences between English and Hungarian law. It also examines the concept of property in medieval Hungarian and English law. Furthermore, it mentions the Austrian and German influences on Hungarian law in the 19th century.

Die Tradition des römischen Rechts und die Herausbildung des Allgemeinen Teils des Privatrechts

Gábor Hamza — Wed, 31 Dec 2025 00:00:00 +0000

The development of the general part of private law has its roots in the medieval traditions of Roman law. Later on, the pandect system, which was the result of centuries of development, played a decisive role in this process. The author of the article argues that the "General Part" of the pandect system is an independent creation of German Pandectists or discipline of pandects. The rights of persons (ius personarum) and the rights relating to legal protection (ius actionum) have their roots in Roman law. In the author's opinion, however, the sections on subjective rights and the theory of legal transactions are largely derived from natural law. In the pandect system family law becomes autonomous, i.e., independent. Family law is separated from the law of persons (ius personarum).

The challenges of effective enforcement of small claims and the complexity of the system – an overview analysis

Viktória Harsági — Wed, 31 Dec 2025 00:00:00 +0000

Numerous articles have dealt with the mechanisms of enforcing small claims, but a comprehensive picture has not been provided. The author has undertaken to do so, outlining a map of the sea of diversity that is small claims, showing the characteristics of the forms of enforcement associated with these cases and the characteristics of the cases enforced by them, and identifying any patterns and relationships that may be apparent. By drawing up this "map," we may be able to get closer to the question of whether the legislator has assigned an appropriately effective claim enforcement mechanism to each type of case in the given legal system. This may also provide an opportunity to review the extent to which the forms of enforcement integrated into systems of procedural law at different times and probably based on different concepts have been able to organize themselves into a system, to what extent they complement or compete with each other, and whether there are any gaps in the system.

Practical issues in consolidated succession cases

Bendegúz Horváth — Wed, 31 Dec 2025 00:00:00 +0000

This study examines recent changes in the regulation of consolidated succession cases. It presents in detail how the procedural rules, which were previously regulated exclusively by chamber guidelines, were elevated to the level of law by the legislator in 2018, thereby creating a uniform and binding framework for notaries. It analyses the amendment to Section 27 of Act XXXVIII., 2010 on succession proceedings (‘Hetv.’), which introduced a special ground for jurisdiction to enable more efficient handling of related estates. In addition to the legal background, the paper illustrates the problems that arise in the work of notaries and their possible solutions with practical examples and typical legal cases.

An insight into Israeli succession law

Ivett Juhász — Wed, 31 Dec 2025 00:00:00 +0000

This study examines the Israeli succession law adopted in 1965 and its provisions. It primarily encompasses the order of legal succession and subsequently the right to make a will. In the former topic the order of succession the legislator has established on the basis of family relationships will be seen. In the latter the most important elements of the law of succession will be outlined, such as the types of wills and their formal requirements. At the end of the study Jewish religious succession law regulated by the Torah will also be mentioned.

De facto partners on the winding road of law

András Kőrös — Wed, 31 Dec 2025 00:00:00 +0000

Based on a study written by Ádám Tóth in 2003, this article presents the ideas that have emerged regarding the legal regulation of de facto partnerships since its publication. It discusses the experts’ proposals made during the preparatory work for the new Civil Code and their evaluation in legal literature. It shows how the text of the enacted law differs from these proposals and explains why this represents a step backwards compared to earlier ideas. In light of the statistical data from the 2022 census and based on the model rules of the Commission on European Family Law, it outlines what changes would be necessary for the legal regulation to correspond to the growing social acceptance of de facto partnerships and the trends which have developed in Europe.

Crypto assets as collateral

Ádám Mányoki — Wed, 31 Dec 2025 00:00:00 +0000

According to some estimates, the total market capitalization of Bitcoin, one of the best-known cryptocurrencies, had reached $2.4 trillion by the second half of 2025, making it the fifth most valuable asset class in the world. If we were to compare it to the national currency reserves of countries, it would currently rank second among nations in terms of value. The acceptance of cryptocurrencies and crypto coins among market participants is constantly growing, owing to which more and more legislators are recognizing the need for market regulation and the potential it offers. As more and more countries recognize cryptocurrencies as a means of exchange and payment or as an investment tool for accumulating wealth, the question arises as to whether these assets can function as collateral and, if so, whether they can be subject to liens.

The dogmatics of oral wills in modern Hungarian civil law, with an overview of German, Swiss, French, Italian, and Romanian succession law

Tamás Molnár — Wed, 31 Dec 2025 00:00:00 +0000

The oral will is a rarely used form of testamentary disposition in Hungarian succession law. Assessing the legal institution of the oral will is not an easy task either in theory or in practice. The very existence of the oral will is constantly being questioned, as it can give rise to numerous abuses. This study attempts to present the legal institution of the oral will, also looking at the solutions adopted in several other legal systems: it presents the rules governing oral wills in German, Swiss, French, Italian and Romanian inheritance law, respectively. The study discusses the development of oral wills in Hungarian succession law during the 20th century and attempts to make de lege ferenda proposals, which could facilitate legal certainty surrounding oral wills.

Message in a Bottle

Tamás Parti — Wed, 31 Dec 2025 00:00:00 +0000

How can we articulate phenomena for which the requisite concepts, logical structures, and narratives are not yet available? How can an observer who seeks to describe something novel speak of the future and its relation to the present? Turing addresses this challenge by casting the information he wishes to convey in the form of a question. He situates it within the text in such a way that the intended insight emerges for the reader as the outcome of an inescapable logical inference. This methodological precision is, among other things, what sets him apart from mere soothsayers.

‘With the distinguished trust of my colleagues’ - Oszkár Charmant at the forefront of notarial movements

Gábor Rokolya — Wed, 31 Dec 2025 00:00:00 +0000

To attribute credibility and validity to the testimony of a private individual and, to endow it with public credibility, is one of the most exceptional and notable prerogatives which can be granted by the state. Oszkár Charmant's career in public life as a notary public is outstanding in the history of the Hungarian notariat. For a quarter of a century, he was a leading figure in all notarial independent organizations. His name is associated with the launch of the notarial journal and the organisation of notarial congresses. He also demonstrated his talent in the field of legal codification relating to the notariat. As president of the chamber, he had the opportunity to engage in day-to-day activities related to notarial practice. He undertook his diplomatic career after the First World War for the sake of helping to achieve the political goals of Hungary.

Uniform EU regulation on the horizon in the field of international private law issues relating to the protection of adults

Tibor Szőcs — Wed, 31 Dec 2025 00:00:00 +0000

In May 2023, the European Commission published the draft regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults (hereinafter: Draft). In this short study, I aim to present its place in the EU legal order and its main regulatory aspects, with a special focus on the newly proposed institution of the European Certificate of Representation.

Beth Din before the Supreme Court – The assessment of rabbinical court decisions and the relativisation of the right to initiate administrative proceedings in the Hungarian administration of justice

István Varga — Wed, 31 Dec 2025 00:00:00 +0000

This study examines the role of the rabbinical court (Beth Din), which has exclusive jurisdiction over certain issues arising in the life of Orthodox Jewry. It presents the basis, jurisdiction and functioning of the court's adjudicative activities, as well as its integration into the state administration of justice and then examines the situation in Hungary. The study also examines a specific legal case that reflects domestic practice in this area and draws conclusions about the relationship between internal church law, secular law and the state administration of justice.

Definition versus private autonomy – some remarks on the mandatory nature of legal definitions using the example of employee shares

Emőd Veress — Wed, 31 Dec 2025 00:00:00 +0000

The article examines the relationship between mandatory and default rules in company law, with particular emphasis on the putative mandatory nature of definition provisions, using employee shares as the example. It takes as its point of departure case ÍH 2018.116, in which the court classified the group-wide extension of the class of persons eligible for employee shares as a deviation infringing the Civil Code’s definition provisions; the author, by contrast, argues that definitions in company law are not automatically mandatory. The article points out that norms of definition serve primarily an interpretative function. On the basis of systematic, teleological and comparative arguments supporting the partial derogability of the rules on employee shares, the inclusion of employees of group companies, subject to capital-maintenance and minority-protection safeguards, does not, de lege lata, manifestly infringe the rights of creditors, employees or minority shareholders. It concludes that the earlier judicial practice warrants reconsideration.

Abstracts

Mária Mirk, Zsuzsanna Kovács — Wed, 31 Dec 2025 00:00:00 +0000