Some Comments on the Regulation of the Basis for the Forced Share and the Reasons for Disinheritance

Abstract

In addition to the comprehensive regulation of private law as a whole, the legislator introduced a fundamental change to Hungarian legal life by reforming the system of forced share and disinheritance, in the course of which, with the introduction of the Civil Code, in accordance with previous codification efforts, it perceptibly tried to achieve the ideal regulatory balance between the freedom of disposal, which is the basic idea of the forced share, and the protection of those entitled to it. This can be perceived in the reduction of the amount of the forced share, the increase of the assets included in the forced share and in the introduction of the ’two-year rule’, as well as in the restructuring of the system of disinheritance. With this study, our aim is to present our observations and possible proposals concerning the basis of the forced share and disinheritance, focusing on the problems that arise in practice, hopefully, in a way that can be used for the application of the law as well.