On the harmonization and re-codification of Hungarian civil legislation

Beginning with the first half of the 19th century, Hungarian civil legislation, as distinct legislation, independent of other areas of law developed more rapidly. The pre-civil law codification, the Werbocy Tripartite of 1517, with elements of public and private law, had a long-lasting influence. Although it officially never came into effect (except in Erdely, Transylvania), this civil code was for some time, applied in judicial practice. Even during the civil law period, the idea of codifying the civil law code did not prevail, since the system of formal sources was based on precedent (judicial). In spite of that, beginning with the 1830s there were parliamentary initiatives for the writing of a civil law code. During the second half of the 19th century, commencing with the session of the Judexcurial Conference (1861), and especially following the Agreement with Austria (1867), in some areas of civil law, significant suggestions for a law code had emerged. Following 1896, several successive variations of the Hungarian Civil Law Code Draft were drawn up (I. Draft in 1900, II Draft in 1913, III Draft in 1914, IV Draft in 1916, and the V Proposal in 1928) encompassing the whole civil law system. From the many codification proposals, the most significant is the HCC (MGZ) Proposal of 1928. According to both domestic and foreign literature, these codes were of a highly European professional and scientific nature. The reasons as to why a civil law code was not brought in during this period are not scientific ones. The first Civil Law Code to came into effect in 1959. It was brought in during a different sort of non-market, so-called planned or command economic system. In this system that was not favorable for civil law, despite the initial intentions of the codifiers to maintain continuity with the European concept and the Hungarian tradition of private law, the code nevertheless contained deviating and imposed (non-European) elements. Following a thorough reform of the legal system in 1989, and the transition to a society based on the rule of law, the Code of 1969 was no longer acceptable, and so from the outset of the harmonization process it underwent significant changes. It became clear that for the purpose of maintaining codifying consistency, a new code was necessary, with the necessary general legal-philosophical foundations returning to domestic and European legal traditions and incorporating all areas of family law, including family, labor relations and corporate law. On the basis of government decisions in 1998 and 1999 work on the new code began. In 2001 and 2002, the Head Commission for Codification announced the concept behind the drafting of the Hungarian Civil Code. The concept is to along with particular changes, bring forth a modern, uniform civil code in accordance with the demands with modern market- economy societies and European law.