Die atypischen Verträge im ungarischen Privatrecht
Atypical Contracts in Hungarian Private Law

Summary/Abstract: The classifi cation of contracts has an important role: this is the instrument of the determination of the applicable law. The contracts of Hungarian private law may be divided into two groups: specifi ed and nonspecifi ed agreements, among specifi ed contracts typical and atypical contracts, among non-specifi ed contracts mixed and de facto innominated agreements may be distinguished. The regulatory bounds of Hungarian Civil Code were broadened by the development and phenomena of the market economy, which also led to the development of different legal ‘formations’ relying on the contractual freedom declared by the great codices of natural law of the ninetieth century: the professional, businesslike management (the regular producing, service providing, commercial activity in order to get profi t), the establishment and application of newer and newer contracts became possible because of the so many fi nancial connections and connections among goods, the enormous investments, the cross-border relations of legal transactions, and new contractual techniques appeared which exceeded the traditionally institutionalized basic types of contracts: these are too detailed, self-regulating agreements tending to unifi cation, standardization. The need of the establishment of the group of atypical - different from those contracts expressly mentioned by name in the Hungarian Civil Code - contracts arose because of the economic changes and changes in the legal practice in Hungary at the end of the 20th century.

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