Possible Ways of Transferring Agricultural Holdings in Hungary

Hornyák, Zsófia (2026) Possible Ways of Transferring Agricultural Holdings in Hungary. In: Instruments for Preserving the Unity of Family Business and Agricultural Assets: Perspectives of Legal History. Legal Heritage . Central European Academic Publishing, Budapest, Miskolc, pp. 195-212. ISBN 978-615-7027-30-5

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Abstract

Agricultural holdings were typically established by farmers who acquired land ownership through agricultural land auctions in Hungary during the regime change; they have been farming in these areas ever since. As they approach retirement age, which is only a few years away for many, they are considering transferring their farms. But this process without special rules is extremely difficult. For this reason, it is necessary to facilitate the change of generations and reduce the administrative burden of the transfer of agricultural holdings. Recognising this phenomenon, the legislator developed a new legal instrument, the farm transfer contract, in order to make the generational change much smoother. The question is, what can the legislator possibly take over from the regulations of the past? I examine the rules of fideicommissum in the past in Hungary, and I try to find the connection between the two legal institutions and highlight the points of the former legislation that can serve as a guideline for the Hungarian legislator today.

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