Abstract
AbstractOn 1 January 2018, a new act entered into force in Hungary. This act is the new code of private international law in Hungary. The basic purpose of this article is to present the jurisdictional rules of the new law. In the description I discuss how the new act differs from the rules of the old code. In addition, I focus on international and European trends in private international law. I also examine the extent to which the new Hungarian code complies with these trends, as well as discussing the peculiarities of the Hungarian regulation. The new Code uses the concept of jurisdiction as a rule for the ‘international distribution’ of cases and in the sense of public international law. Therefore, I also address in this article the definition of jurisdiction and other conceptual issues, the doctrines of immunity and the description of the jurisdictional system of the Code. I present the relationship between international, European and Hungarian rules which are relevant in private international law. In addition, I provide an overview of the novel system of jurisdictional rules in the Code.
Highlights
According to the previous interpretation of the notion of a ‘foreign element’ in the Hungarian court practice, the essence of an established fact in the case of private international law is that the foreign element in the given legal relationship creates the theoretical possibility for the application of the laws of two or more states
This previous interpretation8 – according to which, if the private international law case with a foreign element had no connection to Hungary whatsoever, the jurisdiction of the Hungarian court could not be established – can no longer be maintained with respect to the objective scope of the new CPIL
In a public international law approach, jurisdiction is rooted in sovereignty and this has come to be usually associated with the doctrine of immunity
Summary
On 1 January 2018, Act XXVIII of 2017 on Private International Law ( referred to as the Code of Private International law or ‘CPIL’) entered into force in Hungary. The creation of the new CPIL has endeavoured to meet a long-standing demand to revise the rules and certain procedural provisions on the conflicts of law, jurisdiction and the recognition and enforcement of foreign decisions, relating to cross-border legal relations. The rules were fragmented and scattered across different laws – for example civil law, commercial law, and civil procedural law – and the greater role was played by international commercial conventions and multilateral and bilateral conventions on mutual legal assistance. These rules were complemented by judicial practice.
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