Az élettárs öröklési jogi helyzete
The regulation of common-law marriages is one of the most highlighted topic for the legislator in our days, since as a result of the social changes it has become indispensable to rethink this legal institution which was treated in a derogatory way before. During the currant codification of the Hunga...
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Main Author: | |
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Format: | Article |
Published: |
Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Szeged
2007
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Series: | Acta Universitatis Szegediensis : acta juridica et politica
69 No. 1-48 |
Kulcsszavak: | Öröklési jog |
Subjects: | |
Online Access: | http://acta.bibl.u-szeged.hu/7328 |
Summary: | The regulation of common-law marriages is one of the most highlighted topic for the legislator in our days, since as a result of the social changes it has become indispensable to rethink this legal institution which was treated in a derogatory way before. During the currant codification of the Hungarian Civil Code it was the common-law marriage, and especially the common-law spouse's claim for allotments under an inheritance-law title which the codificators were mostly interested in and which generated heated debates pro and contra. The result, which was published recently as a draft text of the statute, surpassed the initial expectations presented in the Conceptions of the New Civil Code by ensuring for the non-registered common-law spouses the same rights as originally proposed by the Conceptions generally for the common lawspouses and by integrating the registered common-law spouses in the system of intestate succession, raising the common-law spouses' state to that of the spouses. This study also throws light on the fact that the codification is quite long and at Times full of unexpected turns. Thus, the legislator's intention to reach the common aim is even more worthy of appreciation, and the results which have been achieved up to now under the influence of the efforts having started from the initial difficulties are more valuable and more equitable. |
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Physical Description: | 247-261 |
ISSN: | 0324-6523 |