Change of Parties in the new Hungarian Civil Code from a Comparative Perspective

Gárdos, Péter (2023) Change of Parties in the new Hungarian Civil Code from a Comparative Perspective. STUDIA IURIDICA LUBLINENSIA, 32 (5). pp. 117-142. ISSN 1731-6375 (print); 2449-8289 (online)

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Abstract

The Hungarian Civil Code introduced changes on the change of parties. The paper argues that comparative law helped the Hungarian legislator to introduce new rules that address relevant market needs. The paper shows how the clarification of the system of the transfer of receivables opened up new opportunities for the parties and how the treatment of non-assignment clauses changed in light of the change of legislation in several European countries. It is argued that the new Hungarian Civil Code found the right balance between the interests of the debtor and the assignor. The second chapter explains that the New Civil Code introduced a significant change by introducing a rule on the free transferability of rights. The third chapter how the New Civil Code introduced rules on the transfer of contracts, following the solution of several European countries and international unification instruments, and explains the challenges posed by these rules.

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