Abstract
The new Hungarian Civil Code which came into effect on March 15, 2014, introduced – in-stead of the earlier non-material compensation – a new legal institution, namely the tort. The tort is the general subjective sanction of personality right offences. However, it is not clear whether this new legal institution shall function as a modern remedy in personality rights protection; or simply the former judicial practice of non-pecuniary damages will continue. After all, the near future will answer the question whether tort meets the expectations prono-unced by the legislator.
Highlights
CONCEPTUAL CHANGES IN THE NEW HUNGARIAN CIVIL CODEHungarian legislation introduced a new civil substantial code on 15 March, 2014, namely
The new Hungarian Civil Code which came into effect on March 15, 2014, introduced – instead of the earlier non-material compensation – a new legal institution, namely the tort
The practically not applied fine of public interest. This institution becomes a special solution as from among the elements of the previous non-material compensation personality right offence takes over financial compensation which adapts to the damage caused, it aims to establish the punitive private law material sanction – on behalf of the state and not the offended party – which adapts to the severity, frequency and the limit of culpability
Summary
Hungarian legislation introduced a new civil substantial code on 15 March, 2014, namely. According to Hungarian authors several conceptual changes have been made.[1] The new civil substantial code includes family law and the laws concerning business associations which were formerly regulated separately, the base for responsibility is divided between violation of contract and damages caused beyond the contract, and the legislator introduced new types of contracts such as franchise, leasing, or confidential trusteeship, which. The new Civil Code introduced an interesting, by far unknown legal institution in Hungarian history of law, that is, the general subjective sanction of personality right offences, namely the tort. As tort can be applied as the subjective legal consequence for personality right offences committed only after the effectuation of the Civil Code, we still have not had a wide application practice resulting from this short period, the practical issues of the new institution can be observed and analysed.
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