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THOUGHTS ON A POSSIBLE COMMERCIAL CODE IN HUNGARY

Árpád Gyuris ()

Fiat Iustitia, 2016, vol. 10, issue 1, 99-108

Abstract: After the fall of communism it was a natural need to change the legal system by introducing laws that would contribute to creating the rule of law and the market economy. A dispute was initiated by the academic and professional experts, since some of them were of the opinion that a new commercial code should be drafted simultaneously with the new Hungarian private code, and thus the structure of the Hungarian private law could become dualist. Since, however, only the private code was redrawn in 2013, the Hungarian private law stays a monist system. In my talk I try to find answers to the question of what would happen if the commercialcode were additionally introduced in Hungary. For this purpose I would like to examine to what extent the cooperation of the BGB and the HGB in Germany can be considered an ideal one. This would present arguments for or against the proposal to introduce a commercial code in Hungary or to identify a separate field of commercial law. There is another question, about the possibility to create a commercial code in the European Union. What kind of advantages or disadvantages would such an initiative bring? The question also arises how the European private law would develop in case the commercial law was to be separated from it.

Keywords: Commercial law; Civil Code; Hungary; BGB (search for similar items in EconPapers)
Date: 2016
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