A szerződések teljesítésének egyes szabályai átalakulás az EK irányelvek hatására /
With regard to the topic indicated in the title, I would like to analyse three sets of rules of the Civil Code. These are the following: the general requirements concerning the performance of contracts, the rules on implied warranty and the issues of guarantee. At present the Civil Code deals with t...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Szeged
2007
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica
69 No. 1-48 |
| Kulcsszavak: | Kötelmi jog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7355 |
| Tartalmi kivonat: | With regard to the topic indicated in the title, I would like to analyse three sets of rules of the Civil Code. These are the following: the general requirements concerning the performance of contracts, the rules on implied warranty and the issues of guarantee. At present the Civil Code deals with the guarantee among other collateral commitments, since as a matter of fact it can be stipulated in relation with any terms of the contract. In most cases, nevertheless, one comes across with the guarantee used in the narrow sense in the sphere of the lack of conformity. I find expedient to move the rules on implied warranty more to the front, as its detailed provisions make more clear the meaning of the indicative provision on guarantee under which `The legal provisions on exercising warranty rights shall be duly applied concerning the application of guarantee.' [Section 248 (5) of the Civil Code]. I wish to remark that this order appearing more rational is suggested by the 'Conception and the Regulatory Syllabus of the New Civil Law' prepared by the Codification Committee, that would not only change this order but would also relocate the regulations on guarantee from the sphere of collateral commitments under the legal consequences for breach of contract as an institution which is mostly capable of remedying the lack of conformity. One can certainly find this solution in the drafts of the legal text, as well. I wish to review three periods concerning the modifications of the three topics mentioned above: namely, the original (1959) text of the Civil Code and its economic and social background, the effect of the economic reform of 1968 which shows up in the Civil Code mainly as a result of the modifying regulations of the Act IV of 1977. And finally, I set out the main aspects of the present rules after the incorporation of the Directives of the European Community. |
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| Terjedelem/Fizikai jellemzők: | 693-711 |
| ISSN: | 0324-6523 |