Compulsory Portion in Hungary

2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás
Keyword(s):  
Civil Code ◽  
Property Law ◽  
European Law ◽  
Legal Systems ◽  
Deceased Person ◽  
The Family ◽  
Matrimonial Property Law ◽  
The Creation ◽  
The Law

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.

Le Droit des Nations aux Indes Orientales Aux XVIE, XVIIE, XVIIIE siècles (1964)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Indian Ocean ◽  
Natural Law ◽  
European Law ◽  
Historical Reality ◽  
Law Of Nations ◽  
The Family ◽  
The Indian Ocean ◽  
Territorial Rights ◽  
The Law

This chapter challenges the projection of nineteenth-century assumptions onto the historical reality of the sixteenth through eighteenth centuries by arguing that the earlier transactions between European and Asian powers took place under the rubric of the law of nations. The classical European authors founded their theories on natural law and considered the family of nations universal, and Europeans acquired territorial rights in Asia in accord with principles of European law, through conquest or treaties of cession. The law of nations in Europe at this time was still in formation, and juridical developments were affected by the practice of states in the Indian Ocean. The chapter considers uncertainties and debates around sovereignty (vassals, suzerains, trading companies), territorial title, and maritime law, particularly in the controversy between Grotius and Freitas, and the rise of discriminatory monopolistic treaties that restricted Asian sovereigns’ ability to deal with more than one European power.

New Rules of Breach of Contract in Germany

2003 ◽  
Vol 5 ◽  
pp. 333-356
Author(s):  
Wolfgang Ernst
Keyword(s):  
Civil Code ◽  
European Law ◽  
Breach Of Contract ◽  
Allgemeine Geschäftsbedingungen ◽  
The Law ◽  
Limitation Of Actions ◽  
Ec Law ◽  
Legislative Measures ◽  
Bürgerliches Gesetzbuch

In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.

New Rules of Breach of Contract in Germany

2003 ◽  
Vol 5 ◽  
pp. 333-356
Author(s):  
Wolfgang Ernst
Keyword(s):  
Civil Code ◽  
European Law ◽  
Breach Of Contract ◽  
Allgemeine Geschäftsbedingungen ◽  
The Law ◽  
Limitation Of Actions ◽  
Ec Law ◽  
Legislative Measures ◽  
Bürgerliches Gesetzbuch

In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactment in 1900. Many of the legislative measures bundled together in the SMG had an EC-law background. We shall here consider only one aspect of the reform statute, namely the new rules on breach of contract and their relationship with European law.

scholarly journals Transfer of property based on property law rules and contract law rules under forthcoming Kosovo draft-civil code

2021 ◽  
Vol 42 (1) ◽  
pp. 151-165
Author(s):  
Haxhi Gashi ◽  
Bashkim Preteni
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
Civil Code ◽  
Property Law ◽  
Transfer System ◽  
Abstract System ◽  
Causal System ◽  
The Law

In most civil law jurisdictions, the contract is the most used derivative title for the transfer of ownership (movable and immovable property). Very often, the law of property and law of contract are seen as distinct and one can envisage their role from different legal perspectives. This is closely connected with the type of transfer system based on whether the (Austrian) causal system, (German) abstract system or (French) consensual system is applicable. Kosovo is in the process of civil law codification and the Kosovo Draft-Civil Code which has followed the application of the causal system of transfer of property and such an above mentioned interaction of these two branches of civil law is mandatory, and only with a common survey can the contractual transfer of property be illustrated. The aim of this paper is to focus solely on the influence of contract law rules in connection with the acquisition of ownership over movable and immovable property determined by Kosovo Draft-Civil Code.

9. Implied trusts

2018 ◽  
Author(s):  
Iain McDonald ◽  
Anne Street
Keyword(s):  
Essential Information ◽  
The Family ◽  
Family Home ◽  
The Creation ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with the central issues of implied trusts. Implied trusts can be either resulting or constructive. Resulting trusts fall into two categories, automatic or presumed. Constructive trusts are more difficult to define as the scope of their application seems to have been ‘left deliberately vague’ so that the courts can develop them as needed. There are no formalities for the creation of implied trusts. The law has developed methods of identifying the creation of implied trusts. Implied trusts are particularly important in relation to the family home.

Some Fundamental Concepts of Property Law: A Critical Survey

1986 ◽  
Vol 21 (3-4) ◽  
pp. 529-573 ◽  
Author(s):  
Joshua Weisman
Keyword(s):  
Characteristic Feature ◽  
Property Law ◽  
Critical Survey ◽  
Legal Systems ◽  
Substantial Portion ◽  
Land Law ◽  
The Law ◽  
Historical Developments

Historical developments have left a greater impression on the law of property than on many other branches of law. Land law, which constitutes a substantial portion of the law of property, is of particular import in this regard. The characteristic feature of land is its permanence, which is manifested in place, time and quantity: place – land being immovable; time – land having a continuous existence; and quantity – the amount of land basically not changing. This threefold permanence exposes land law to the continuous influence of historical forces, the effects of which are lasting. The phenomenon can be observed in the legal systems of many countries, including Israel.

5. Property disputes when non-formalised relationships breakdown

2020 ◽  
pp. 287-352
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Property Law ◽  
General Application ◽  
The Family ◽  
Family Finances ◽  
Financial Consequences ◽  
The Law ◽  
Relationship Breakdown

This chapter explores how the family finances are dealt with following the breakup between cohabitants in non-formal relationships. In particular, it considers property law disputes between cohabitants on relationship breakdown and the application of the law of trusts to determine the resolution of such disputes. As these are principles of general application which have not been designed specifically to deal with the financial consequences of relationship breakdown between cohabitants, the chapter highlights how they are generally regarded as inadequate to resolve family property disputes, producing unfair outcomes in certain situations.

scholarly journals Restauratio Iustinianus. Despre reforma dezmoștenirii în dreptul succesoral român

2021 ◽  
Vol 65 (4) ◽  
pp. 653-671
Author(s):  
Anthony Murphy ◽  
Keyword(s):  
Early Modern ◽  
19Th Century ◽  
Civil Code ◽  
Legal Systems ◽  
Legal Transplant ◽  
The Law ◽  
Roman Model ◽  
The 19Th Century

The struggle between testamentary freedom and family protection is one of the enduring challenges in the field of succession law. This paper is exclusively concerned with the Civilian tradition, where efforts to bridge the gap between said ideals generally follow two main models. Some legal systems maintain the Roman model of allowing the testator or testatrix to lift the forced heirship in cases strictly provided by the law, whilst others prefer the Napoleonic paradigm of depriving the deceased of said power. Romanian succession law has experienced both models, with the former dominating the medieval and early modern law and the latter only introduced in the second half of the 19th century, with the legal transplant of the Code Napoléon. The present study argues that certain changes introduced in the Civil Code of 2009, specifically empowering the decedent to lift the effects of unworthiness and explicitly regulating the regime of disinheritance, foreshadow a return to the Roman paradigm.

scholarly journals Fragments of Europeanization of Georgian Property Law and Law of Obligations in the Context of Reception of German Law

2019 ◽  
Vol 9 (1) ◽  
pp. 140-156
Author(s):  
Tamar Zarandia ◽  
Natia Chitashvili
Keyword(s):  
Conceptual Framework ◽  
Civil Law ◽  
German Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Approximation Process ◽  
Research Article ◽  
The Law ◽  
Legal Harmonization

AbstractThe present research article focuses on the description of the dynamics of Europeanization of two fundamental concepts of Georgian property law and the law of obligations—acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation—in the context of reception of German law. At the historical stage of formation of the Civil Code of Georgia (CCG), focusing on the conceptual framework of German civil law, the German law, in its turn, was an integral part of the Europeanization process. Hence, Europeanization influenced the development of Georgian civil law through the reception of German law. When referring to the reception of German law in this article we simultaneously mean the process of Europeanization of Georgian civil law, which penetrated not directly but rather through the reception of European (in this case, German) codification. The ongoing reform of Georgian civil law inevitably requires its legal harmonization with EU codifications in the context of central paradigms of acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation. Analysis of the dynamics and often contradictory root of the Europeanization of Georgian private law will enable scholars and legislators conduct legal approximation process on the basis of research-based recommendations.

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