Solidary and Divided Liability of Joint Tortfeasors - with Special Regards to the Provisions of the New Hungarian Civil Code
Solidary and Divided Liability of Joint Tortfeasors - with Special Regards to the Provisions of the New Hungarian Civil Code

Summary/Abstract: According to the generally accepted standpoint in the historian and comparative literature, solidary liability should be established restrictively and not generally. The liability for nonperformance of multiparty contractual obligation, just as the contractual liability for damage arising from nonperformance, is solidary, if it explicitly provided so by a clause in the contract. The new Hungarian Civil code prescribes solidary liability of joint tortfeasors as a general rule, instead of divided liability, where the share of the tortfeasors is determined taking into account their contribution in causing of or their accountability for the damage.

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