A házastársi vagyonközösség legfontosabb új rendelkezései az érvényes, de nem hatályos Polgári Törvénykönyv "Családjog" c. III. Könyvében
Until these days, Hungarian Family law is subject to the Act VI of 1952 (Csjt.) which three main parts deal with marriage, family and guardianship. After enacting this Act, the Act IV of 1959 (Ptk.) was adopted as Civil Code of Hungarian Republic. Naturally, its name is not the old one. The early le...
Elmentve itt :
| Szerző: | |
|---|---|
| Dokumentumtípus: | Könyv része |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Kar
Szeged
2012
|
| Sorozat: | Ünnepi e-könyv : Herczeg János professzor 70. születésnapjára
|
| Kulcsszavak: | Családjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/84700 |
| Tartalmi kivonat: | Until these days, Hungarian Family law is subject to the Act VI of 1952 (Csjt.) which three main parts deal with marriage, family and guardianship. After enacting this Act, the Act IV of 1959 (Ptk.) was adopted as Civil Code of Hungarian Republic. Naturally, its name is not the old one. The early legislation separated intentionally the family and similar legal relationships from the Civil Law regulating cases mainly being nature of property. Due to the social and economic changes, in year of 1998 the issue of re-regulating entire Civil Law and modernizing Family Law raised. Preparing a regulation started that was based on monistic principles and being character of a code. The Conception established divided the huge legal material into books according to the subjects. This way, Family Law is also included in a separated book preserving its principles. After several professional debates, in year of 2006 a ”Proposal for Debate” was drafted. After further discussions, the former Ministry of Justice submitted its Proposal to the Government. Meantime, the Proposal of Experts was issued based on reworking the “Proposal for Debate” in order to help lawmaking. Then, Parliament adopted the Act CXX of 2009 on Civil Code. The Constitutional Court did not consider the deadline defined by the Parliament for entering into force sufficient, but instead of annulling the Ptk., enactment regulated in a separate Act was cancelled. New characters of marital property are in accordance with the newer Civil Code being under preparation, because it takes social changes into consideration and provides more detailed regulation. I would emphasize the following new rules: 1. Mainly, property contracts of spouses determine their financial relations. 2. These contracts shall be recorded nationwide in order to protect third parties. 3. In addition to the legal property system, it regulates a so called “community property system” which is essentially a solution that detaches property but it has common element as well. 4. Parties are entitled to impose full sequestration of property or their contract can include mixed element. 5. The Act takes special care of bearing such cost fairly and commonly that are needed to common household and educating children. It accepts works devoted to it. 6. It provides enhanced protection to flat being used together from one party’s absolutism, irrespectively of grounds why they live there. 7. It detaches the property serving family’s needs from the property needed to conducting jobs or business, furthermore from rules on exercising such rights that serve other business aims. In case of the later, Party, who conducts these activities, has greater independence, but He/She must not cause damage for other Party. |
|---|---|
| Terjedelem/Fizikai jellemzők: | 533-551 |
| ISBN: | 978 963 306 154 1 |