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• Civil law dogmatic deficiencies and legislative hiatuses in a private law legislation: Short case study

  49-66

  Tibor Kiss

  Views:

  402

  Based on the Government Decree 383/2023 (VIII.14.) on the ministerial approval of lease contracts of companies directly or indirectly majority-owned by the state, the article presents a case study showing that the legislation suffers from numerous "legal errors" that violate the provisions of the Legislation Act and is not in line with the fundamental doctrinal principles of civil law. The case study describes in detail the provisions of Act CXXX of 2010 on Legislation that the Government Decree does not comply with and shows how imprecise wording leads to problems of interpretation. The paper points out the private law terminus technicus which the legislator did not apply correctly (the party of the lease contract, consideration, invalidity - ineffectiveness) and the author proposes to correct the errors and to clarify certain normative provisions.

• Invalidity of contractual declarations and legal declarations made electronically

  127-156

  Tibor Kiss

  Views:

  116

  In this study, the author expands on ideas expressed in a previous paper, analyzing whether a breach of the formal requirements for legal declarations results in a non-existent contract or whether the legal consequences of invalidity should apply. The second part of the paper seeks answers to the most important questions of legal interpretation based on the Civil Code and the Act on the Digital State by presenting the latest legal provisions on written legal declarations made electronically.