Remarks on the concept of gross disparity in value in Hungarian law

Boóc, Ádám (2022) Remarks on the concept of gross disparity in value in Hungarian law. EUROPEAN INTEGRATION STUDIES, 18 (1). pp. 40-49. ISSN 1588-6735

Preview

Text EIS_Booc.pdf - Published Version Download (210kB) | Preview

Abstract

As it is well-known, laesio enormis is an ancient legal institute of Roman Private Law. According to Roman law, in sales of land, if the price paid was less than half of the value of the land, the vendor could have the contract rescinded unless the purchaser made up the full. The paper scrutinises the appearance of this legal institute in Hungarian private law from a comparative-historical approach, bearing in mind the differences in the regulation of this legal institute in the old Civil Code of 1959 and the new Civil Code of 2013 has been effective since the 15th of March, 2014. The study also highlights the important findings of the decisions of the High Courts of Hungary (Supreme Court, Courts of Appeal, etc.) regarding the application of laesio enormis (gross disparity).

Actions (login required)

Edit Item