THE NEW CIVIL PROCEDURE CODE IN HUNGARY Cover Image

THE NEW CIVIL PROCEDURE CODE IN HUNGARY
THE NEW CIVIL PROCEDURE CODE IN HUNGARY

Author(s): László Pribula
Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: Hungarian New Code of Civil Procedure; principles of civil procedure; divided structure of civil procedure; professional litigation; substantive litigation.

Summary/Abstract: The new Hungarian Civil Procedure Code comes into effect on 1 January, 2018. The new code aimed to create a regulation which is based on the responsible litigation of the parties and the active procedure litigation of the judiciary to ensure the presumptions of a concentrated process. During the forming of the code, the legislator made use of the experiences of the right judicial practice, and also took into account the decade-long researches of legal literature, and was eager to learn from foreign examples. It introduced several new legal institutions such as the divided process structure, process caesura, substantive litigation, collective assertion of claims. The appropriate application of these lies in the judicial practice. It is up to the future to decide whether the new code is able to establish an efficient and successful process order which meets the requirements of the modern age.

  • Issue Year: 62/2017
  • Issue No: 1
  • Page Range: 79-90
  • Page Count: 12
  • Language: English