Company Law Aspects of Matrimonial Property Litigations - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 12, 1 (2023) 121–135

DOI: https://doi.org/10.47745/AUSLEG.2023.12.1.08

Abstract. A number of studies in the Hungarian legal literature have explained the challenges raised by the ‘division’ of common property contributed to a company. The aim of this paper is to explore the current corporate law aspects of matrimonial property litigations as a result of the entry into force and joint application of the Hungarian Civil Code and the Code of Civil Procedure. In order to achieve this goal, firstly, the author focuses on a critical analysis of the existing procedural law governing matrimonial property lawsuits, with a special emphasis on the intersection of litigious and related non-litigious proceedings. The second part of the research project examines matrimonial property law provisions applicable to the various company forms that may constitute matrimonial common property according to the set of rules governing legal persons in the new Civil Code.

Keywords: non-litigious procedure, Hungary, matrimonial property litigation, matrimonial action, common property, limited liability companies