A szerződés semmissége és megtámadhatósága a magyar és a román polgári törvénykönyvekben
Nullity and Contestability of the Contract in the Hungarian and the Romanian Civil Codes
Author(s): Zoltán József FazakasSubject(s): Comparative Law
Published by: Scientia Kiadó
Keywords: civil law; Civil Code of Hungary; Civil Code of Romania; contractual law; economic law; nullity; avoidance; legal language; Hungarian language;
Summary/Abstract: The validity as an essential element of contract is the basis for achieving the economic purpose set out in in it. Without validity there is no legal way to enforce the contractual content. In addition to the identity of the theoretical foundations of the legal institution of validity, significant differences can be observed between Romanian and Hungarian law. Those differences justify the performance of a comparative legal study beside several other specific reasons. The first of the this special reasons is the cross-border economic relations and the Hungarian legal society in Romania, which can play a ‚bridge’ in this matter. The real need for professional co-operation between members of the same mother tongue lawyers results summaries of the conceptual issues based on comparative legal studies. For theoretical, scientific and practical purposes the study outlines the basic issues of the nullity and avoidance of a contract, the partly different basic positions of the two legal systems, the grounds for annulment and the legal consequences.
Journal: Erdélyi Jogélet
- Issue Year: IV/2021
- Issue No: 2
- Page Range: 103-117
- Page Count: 15
- Language: Hungarian