The changes, the Reasons for Change and the Actuality of the Hungarian Law of Enforcement from 2012 Cover Image

Die Änderungen, die Änderungsgründe und die Aktualität des ungarischen Vollstreckungsgesetzes aus dem Jahre 2012
The changes, the Reasons for Change and the Actuality of the Hungarian Law of Enforcement from 2012

Author(s): János Pataki
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Scientia Kiadó
Keywords: law of execution; Hungarian civil procedure; economic crisis

Summary/Abstract: Undoubtedly, judicial foreclosure is one of the foundation stones of security in law since it is a generally known fact that a court decision is worth as much as it is complied with. Foreclosure itself is not a new institution, in a broad sense we can speak about some kind of law of foreclosure since the evolution of society, the appearance of property, private property. In a narrower sense, the law of foreclosure contains the rules of fulfillment of obligations that can be forced by coercion of the state. Pursuant to Section 1 of Act LIII of 1994 (Vht.): ”the resolutions of courts and other bodies settling legal disputes and claims based on specific instruments shall be implemented through judicial foreclosure, in accordance with this Act”. Therefore, it arises from the legal norm determined in Section 1 of the Vht. that judicial foreclosure in terms of economic considerations means that a claim or obligation has not been fulfilled, the party concerned in debtor’s position has not performed and the obligee (the party who applies for foreclosure) intends to achieve performance through judicial intercession(or other intercession that can be considered equal to that with respect to foreclosure). The proceedings determined in this form is called judicial foreclosure proceedings, the institution itself is called judicial foreclosure and the law which regulates it is called law of foreclosure. Assertion of decisions related to legal disputes constitutes a kind of obligation to be fulfilled by the state. One of the forms of implementation of this obligation is the institution of judicial foreclosure itself. Judicial foreclosure is administration of justice realised in the field of private law.

  • Issue Year: 2/2013
  • Issue No: 1
  • Page Range: 127-141
  • Page Count: 15
  • Language: English