 Illegal contract as a general clause - European trends and new Hungarian judicial practiceAdam Auer ()
Juridical Tribune - Review of Comparative and International Law, 2023, vol. 13, issue 4, 588-601 Abstract: The invalidity of a contract is a sanction of civil law. In a dispute, the purpose of the law, its effect and its application must be applied together to the contract in conflict with the law. The means of doing so are judicial interpretation and the application of the general clause. An illegal contract may cover several areas: contracts contrary to public policy, a rule of law, morality or fundamental principles. In such a complex legal environment, an important question is which rule is breached and which results in the invalidity of the contract. The relationship between civil law and other rules is of particular importance in the context of the use of AI, where there are a number of technical obligations for the contracting party or administrative rules governing the use of AI. In the digital environment, many sectoral rules impose prohibitions, many norms define specific requirements as well. The study examines the new paradigm of the Hungarian Civil Code of illegal contracts and focuses the judicial practice of the general clause of illegality. Keywords: illegal contract; null and void; invalidity; general clause; Hungary. (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:13:y:2023:i:4:p:588-601 Access Statistics for this article More articles in Juridical Tribune - Review of Comparative and International Law from Bucharest Academy of Economic Studies Contact information at EDIRC. |
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