Private International Law: A Hungarian Perspective

Csongor István Nagy, J.D., LL.M., Ph.D., S.J.D., D.Sc., is a professor in commercial law at the University of Galway, Ireland, university professor at the University of Szeged, Hungary, and research professor at the HUN-REN Center for Social Sciences, Budapest, Hungary.

Abbreviations


1 General Introduction

 1 Historical Development


 2 Private International Law: Choice of Law and International Civil Procedure


 3 Sources of pil

 3.1 National Law


 3.2 EU Law


 3.3 International Treaties




 4 Authorities Applying Private International Law




2 General Questions and Principles of Choice of Law

 1 Scope of Private International Law


 2 State Law, Non-state Law


 3 Choice-of-Law Rules

 3.1 Taxonomy of Choice-of-Law Rules


 3.2 Connecting Factors


 3.3 Combination of Connecting Factors


 3.4 Party Autonomy


 3.5 Dépeçage




 4 Application of the Choice-of-Law Rule

 4.1 Characterization (Classification)


 4.2 Time Dimension and Change in the Applicable Law


 4.3 Fraudulent Connection (Evasion of the Law)


 4.4 Reference to the Law of States with Multiple Legal Orders




 5 Application of the Designated Law

 5.1 Judicial Notice and Proof of Foreign Law


 5.2 Renvoi (Remission, Transmission)


 5.3 Assimilation


 5.4 Ordre Public (Public Policy) and Imperative Rules (Overriding Mandatory Rules)




3 Choice-of-Law Rules

 1 The Pervasive Principle of Closest Connection


 2 Personal Law

 2.1 Natural Persons


 2.2 Names of Natural Persons


 2.3 Legal Persons


 2.4 Personality Rights




 3 Contractual Obligations

 3.1 Hungarian Choice-of-Law Rules


 3.2 The Rome i Regulation in the Practice of Hungarian Courts




 4 Non-contractual Obligations

 4.1 Hungarian Choice-of-Law Rules


 4.2 The Rome ii Regulation in the Practice of Hungarian Courts




 5 Property Law

 5.1 The General Principle of Lex Rei Sitae


 5.2 Exceptions to the Lex Rei Sitae




 6 Intellectual Property Rights

 6.1 Authors’ Rights


 6.2 Industrial Property




 7 Family Law

 7.1 Marriage


 7.2 Same-Sex Registered Partnership


 7.3 Extra-marital Cohabitation


 7.4 Maintenance Law


 7.5 Application of the Law More Favorable to the Child


 7.6 Determination of Parenthood


 7.7 Custody and Contact


 7.8 Guardianship


 7.9 Adoption


 7.10 Artificial Insemination, Surrogacy


 7.11 Child Abduction


 7.12 Protection of Adults




 8 Succession Law

 8.1 Hungarian Choice-of-Law Rules


 8.2 Scope and Application of the Succession Regulation




 9 The Law Applicable to Procedure




4 International Civil Procedure

 1 Sources of International Civil Procedure


 2 State Immunity


 3 International Jurisdiction: Hungarian Rules, EU Rules

 3.1 Hungarian Rules of Jurisdiction


 3.2 EU Jurisdictional Rules in the Practice of Hungarian Courts


 3.3 Procedural Issues


 3.4 International Service


 3.5 Rules of Evidence




 4 Recognition and Enforcement of Foreign Judicial Decisions

 4.1 Recognition and Enforcement under the apil


 4.2 EU Rules on Recognition and Enforcement




5 Treaties in the Field of Private International Law and International Civil Procedure

 1 Multilateral Treaties

 1.1 Multilateral Treaties Concluded by Hungary


 1.2 Multilateral Treaties Concluded by the EU and Binding on Hungary




 2 Bilateral Treaties




Annex: Act xxviii of 2017 on Private International Law


Selected Bibliography


Index