Protection of Fundamental Rights by Private Law: Hungary

Abstract

This contribution aims to examine how Hungarian private law protects fundamental rights in private relations. The overview of the basic notions of rights protection in civil law will explain how far the universal idea of the rights of the individuals has developed in Hungary and how it relates to requirements indicated in the constitution, the Fundamental Law of Hungary. Hungary has just closed the codification procedure of a new Civil Code that entered into force on 15th March 2014. After the general introduction of the development of human rights and the controversies in the application of constitutional norms in private relations, according to the general scope of the research, I will focus on how certain main fields of private law already meet the required level of rights protection under domestic constitutional, European and international human rights standards. However, there are exceptions. Cases and controversies show that it is not always clear for judges how to interpret the applicable rule in order to meet abstract constitutional standards while staying in line with the text and the fundamental logic of private law. The study – according to the aims of the entire book – is primarily descriptive, it explains the basics of how human rights appear and apply in private law.