"The changing concept of ‘family’ and challenges for family law in Hungary" [2016] ELECD 194; in Scherpe, M. Jens (ed), "European Family Law Volume II" (Edward Elgar Publishing, 2016) 108

Book Title: European Family Law Volume II

Editor(s): Scherpe, M. Jens

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785363023

Section: Chapter 6

Section Title: The changing concept of ‘family’ and challenges for family law in Hungary

Number of pages: 19

Abstract/Description:

Hungarian family law is currently regulated in an independent family act: Act No IV 1952 on marriage, family and guardianship. Beside this, other Acts and Decrees also have a profound weight, especially in the judiciary and in the practice of the guardianship authorities. Meanwhile, Act No V 2013 on the new Civil Code (the new Civil Code), was passed by Parliament in February 2013. The codification process concerning civil law, which began in 1998, started with a broad debate that also affected family law. Ultimately the belief that one Civil Code should regulate the whole field of civil law, including family law and company law, has prevailed. In the result, family law has been included in the body of the Civil Code. The new Civil Code consists of eight books of which the fourth is the Family Law Book. This signals a great change as it breaks with the former socialist countries’ approach to family law. The independence of family law was explained by the belief that personal legal relations among family members were independent of their property relations. As the new Code enters into force on 15 March 2014, the whole country, and lawyers in particular, are preparing for the application of the new rules. Unfortunately, the enacting and temporary rules remain under development and are not yet finalised. Thus, Hungarian family law is required to orient itself in two different directions as the old rules are still in force but the new ones will be applicable soon.