The Law of Succession in the New Hungarian Civil Code

Abstract

It is said the law of succession is one of the most durable parts of civil law. If this statement were true, there would not be anything new to report and I should write about the unchanged succession rules. However, in the new Hungarian Civil Code, there are many important changes in this area. On March 15th 2014, the new Book Seven of the Hungarian Civil Code, containing the new law of succession, entered into force. Succession can occur under the law or by testamentary disposition. If the deceased has left a last will and testament then it determines the order of succession. If there is no testamentary disposition, the law provides for the order of succession (Article 7:3—Titles of Succession). In the NHCC, the structure of the succession law will follow the logic of the legal titles of succession but this article will not. Above all, the intestate succession needs to be examined because the testator can make his or her last will and testament only if the rules of intestate succession do not live up to their expectations. At the end of this article I will spend a little time on the changes in the rules on compulsory shares as well.