Die Bedeutung des vertraglichen ehelichen Güterrechts in der Modernisierung des ungarischen Privatrechts
Significance of the Contractual Matrimonial Property Law in the Modernization of Hungarian Private Law

Summary/Abstract: Marriage contracts had a high significance in the Hungarian legal praxis in the period of the so called traditional law before 1848, in the 2nd part of the 19th century and also in the first decades of the 20th century. At the time, when the Austrian private code (ABGB) was in force in Hungary, marriage contracts made it possible to agree on the regular domestic legal institutes. After the repeal of the Austrian private law in 1861, marriage contracts enabled the offset from the rules of the so called statutory (consuetudinary) matrimonial property law institutions of the social orders. Marriage contracts contributed to the assimilation of minorities into one nation. The civil feature of contractual matrimonial property law makes itself felt primarily in the respect of private autonomy. Thus, it is not a coincidence that the Family Law Code of 1952 did not even contain it.

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