Matrimonial Property Law. Edited by W. Friedmann. [University of Toronto School of Law Comparative Law Series, Volume 2. London: Stevens & Sons, Ltd.1955. vii and 472 pp. £3 3s.] - Le Régime Matrimonial Légal dans les Législations Contemporaines. Edited by A. Rouast, with the collaboration of J. B. Herzog and I. Zajtay. [Travaux et Recherches de L'Institut de Droit Comparé de L'Université de Paris, Vol. XIII. Paris: Les Éditions de L'Épargne. 1957. 364 pp.]

1958 ◽  
Vol 7 (1) ◽  
pp. 192-194
Author(s):  
F. H. Lawson
2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás

Following the model of continental European law, Hungarian law introduced the compulsory portion in 1853, allowing in the closest blood-relatives to benefit from the estate of a deceased person against the testator’s wishes. In the course of the latest reform, the possible abolition (or at least limitation) of the compulsory portion was raised. However, at the time of the creation of the Civil Code of 2013 the legislator took the view that the compulsory portion had already taken root in the general legal awareness of the population and that its continuation could be justified. This view was strengthened by the fact that the majority of contemporary continental legal systems, in their quest for the protection of the family, tend to recognize a claim by the closest relatives to a compulsory portion. Traditionally in Hungarian law, the descendants and parents of the deceased were entitled to a compulsory portion in accordance with the order of intestate succession. Only since 1960 has the law also recognized the spouse as a person entitled to a compulsory portion. Previously the approach was that the spouse should be compensated through the rules of matrimonial property law and intestate succession. Since 2009 registered partners have been put in the same position as a spouse. Until 2014, the extent of the compulsory portion was one-half of the intestate share of the person entitled to a compulsory portion; today it is one-third.


1965 ◽  
Vol 28 (2) ◽  
pp. 137-153 ◽  
Author(s):  
Inger Margrete Pedersen

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