Legal Dogmatic Questions about the Impact of the European Union’s Digital Legislation on Hungarian Contract Law
Legal Dogmatic Questions about the Impact of the European Union’s Digital Legislation on Hungarian Contract Law
Author(s): Tekla PappSubject(s): Law on Economics, ICT Information and Communications Technologies, EU-Legislation, Comparative Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: EU digital legislation; service contract; complex contract; Hungarian contract law;
Summary/Abstract: The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2 ; deriving from this the contracts related to private and family life (intimate contracts)3 ; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4 ; filling the term "digital contract type" with content5 ; classification of different kinds of interconnection of contracts (complex contracts).6 The author dedicates the study to the topic of whether Hungarian contract law can meet the challenges created by digitalization, which have not yet been identified in all its details, and what are the critical points that require consideration and action as soon as possible. After the summary of the digital legislation of the European Union the author identifies the effects of digitalization in relation to the Hungarian contract law and the special contracts resulting from digitalization. Finally, the author makes de lege lata and de lege ferenda conclusions in light of this topic.
Journal: Juridical Tribune - Review of Comparative and International Law
- Issue Year: 14/2024
- Issue No: 1
- Page Range: 47-59
- Page Count: 13
- Language: English