Validation of Form-Defective Contracts in Hungarian and Romanian Law: A Comparative Analysis with Special Regard to Contracts on the Conveyance of Real Estate

Series Legal Studies Issues Volume 12, No. 2, 2023 Validation of Form-Defective Contracts in Hungarian and Romanian Law: A Comparative Analysis with Special Regard to Contracts on the Conveyance of Real Estate

Volume 12, No. 2, 2023

Emma SZITÁS, Attila DUDÁS

Acta Univ. Sapientiae, Legal Studies, 12, 2 (2023) 183–199

DOI: 10.47745/AUSLEG.2023.12.2.11

Abstract. The paper examines the intricate interplay between contractual freedom, consensualism, and mandatory form requirements in Hungarian and Romanian law. Both countries emphasize the foundational principle that contracts result from the mutual and unanimous expression of parties’ will, allowing autonomy within legal constraints. In Hungary, a historic shift in 1977 introduced a court-led declaration of validity, enabling retroactive validation of contracts by eliminating causes of invalidity. The Hungarian Civil Code permits both ex tunc and ex nunc validation. Similarly, in Romania, the principles of autonomy and freedom of contract are considered primary, but the Romanian Civil Code mandates specific forms for certain contracts, with nullity arising from non-compliance. However, the Romanian Civil Code provides means of validation of form-defective contracts, focusing on relative nullity (avoidability) but allowing exceptions of absolute nullity in specific cases. The article examines the validation of contracts lacking mandatory formal requirements, particularly the ones on the transfer of ownership of real estate. Namely, in Hungary, validation means granting validity to a contract retroactively by performance of contractual obligations or by eliminating the causes of invalidity, with a few exceptions. In Romania, the rules on validation provide remedies through confirmation of a contract that is struck by nullity.

Keywords: form-defective contracts, form-defective contracts on the sale of real property, convalidation of form-defective contracts, validation of form-defective contracts, convalescence of form-defective contracts

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Volume 12, No. 2, 2023

Geolocation Monitoring of an Employee from the Perspective of Article 8 of the ECHR, Michał BARAŃSKI, Tomasz MIROSŁAWSKI The New Liability Forms of Online Platforms in the New European Digital Legal Framework from the Consumers’ Perspective, Zsolt HAJNAL Comparative Analysis of the Press Regulation in the Territory of the Visegrad Countries in the 20th Century, Rebecca Lilla HASSANOVÁ, Enikő KRAJNYÁK, Maria MASLOWIEC Employer’s Liability for Damage Caused by the Employee to a Third Party under Serbian Law, Milica ILIĆ, Attila DUDÁS The Lack of Conformity and Consumer Rights in Hungarian Law, Ivan JOKANOVIĆ State Sovereignty and International Law: Navigating Autonomy amidst Today’s Global Challenges, Judita JUHAROVÁ, Lilla GARAYOVÁ Reflections on the Adoption of the 1923 Constitution of Romania, Gellért NAGY From Chasing Stability to Searching for Flexibility: Bogus Self-employment and Platform Work, Grega STRBAN, Csaba SZABÓ Eastern and Central European Member State Solutions for Transposing Directive 2019/1151 (EU). Part II. Finland and Poland. Conclusions, Tamás SZENDREI The Peculiarities of the Testament of Gábor Bethlen, Prince of Transylvania, Pál SZENTPÁLI-GAVALLÉR Validation of Form-Defective Contracts in Hungarian and Romanian Law: A Comparative Analysis with Special Regard to Contracts on the Conveyance of Real Estate, Emma SZITÁS, Attila DUDÁS EU-Law Limiting of the Principle of State Liability and of Member State Limitation Periods for Actions, Róbert SZUCHY, Ágoston KOROM Legislation as a Tool of Urbanization. Some Considerations Regarding Act No 351/2001, Nóra-Csilla VERESS Front pages in PDF, Inside covers in PDF,

Validation of Form-Defective Contracts in Hungarian and Romanian Law: A Comparative Analysis with Special Regard to Contracts on the Conveyance of Real Estate - Acta Universitatis Sapientiae