Policy Document

Act V of 2013 on Civil Code

Year

2014

Country

Hungary

Topic

Family & Children

Subtopic

Marriage & Registered Partnerships

Keywords

Family formation Family policy

Main implications

This measure is an entire recodification of Hungarian civil law. In this framework, the previously separate family law was regulated within the Civil Code (Book 4), so the Civil Code now incorporates family law. While the new regulation brought about significant change in the field of divorce and the maintenance of children, it has not modified the rules of contracting a marriage substantially. To this regard, it is considered a change that the new regulation deals in a more detailed way with the civil law effects of cohabitation. This, on the other hand, does not change the fact that the protection of partnerships registered before notary public and of de facto cohabitations has remained on a much lower level than the protection of marriage in Hungary.

Benefits & Requirements

Coverage: Eligible groups or beneficiaries

Hungarian citizens

Minimum age of marriage required established by this document

It is left unchanged: 16 years, between the age of 16 and 18 years only upon consent of the Guardianship Authority

Does this document allow for registered partnership?

Do partners have the same rights as those who are married?

This legal act does not regulate this matter

Minimum age required for registered partnerships established by this document:

This legal act does not regulate this matter

Does this document recognize cohabitation as a legal union?

Yes

Do cohabiting partners have the same rights as those who are married?

No. Cohabitation relationships have far less impact on family law, and more than one among them depends on the fact if the cohabiting partners have a common child (e.g. maintenance can be claimed for cohabiting partners only in this case). However, it is a progress in the regulation that it deals with cohabitation in a more detailed way than before, and it makes it unambiguous that cohabitation relationship has family law aspects as well.

Minimum age required for registered cohabitation established by this document

This legal act does not regulate this matter

Does this document recognize same-sex unions?

This legal act does not regulate this matter

Implementing Text & Related Legislation

Original name of the legal document/act (native language)

2013. évi V. törvény a Polgári Törvénykönyvről

Date of passage/approval

11^th February 2013

Date of signature

26^th February 2013

Date of publication

26^th February 2013

Are the effects retroactive?

Date of effect

15^th March 2015

Actors

Hungarian Parliament

Earlier related reforms

Act IV of 1952; Act I of 1974; Act IV of 1986.

Read the Law

Full Text Source in English

Polgári Törvénykönyv-Bürgerliches Gesetzbuch-Civil Code ILS Nemzetközi Fordító Szolgálat Kft. Budapest 2013

Original full text source in native language

Magyar Közlöny 2013/31 (2013 február 26.)

Original full text web source in native language

http://net.jogtar.hu

Secondary Literature & Sources

Secondary literature

- Zsuzsa, B., Erika, K. P., András, K., Katalin, M., & Orsolya, S. "Polgári jog III/VI. Családjog". (Civil law III/VI. Family law). HVG-ORAC, Budapest (2014).
- Orsolya, S. "Az új Ptk. Családjogi Könyvének rendelkezései". (The provisions of the Family Law Book of the new Civil Code) Jegyző és Közigazgatás 4 (2013): 23-25.