The Private Law Guidelines of the European Union and the New Civil Code Cover Image

Az Európai Unió magánjogi irányelvei és az új Polgári Törvénykönyv
The Private Law Guidelines of the European Union and the New Civil Code

Author(s): Péter Gárdos
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Scientia Kiadó
Keywords: Hungarian Civil Code; consumer protection; directive; implementation

Summary/Abstract: One of the questions in the course of the codification of the new Hungarian Civil Code was the implementation of the civil law directives of the European Union, namely which directives shall be implemented in full or in part in the new Code. The original concept of the codification was that the starting point shall be that these directives shall be implemented in the Civil Code. However, during the preparation of the first draft, it became clear that the disadvantages of the original approach would outweigh the advantages. One of the numerous reasons of this is that fact that instead of the original principle of minimum harmonization, maximum harmonization became the new European approach in the field of consumer law. Furthermore, the new directives adopted in the past few years are significantly more casuistic than the ’old’ directives, which makes implementation in a Civil Code built upon highly abstract norms difficult. The new Civil Code, therefore, leads only to minor changes by partially implementing the product liability directive, the commercial agents directive, the information society directive and the two latest consumer directive.

  • Issue Year: 1/2012
  • Issue No: 2
  • Page Range: 207-221
  • Page Count: 15
  • Language: Hungarian