HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
the merits) if the jurisdiction of Hungarian courts is excluded by virtue of an act, EU law or an international convention. Legal Sources Hungary is an EU member state, hence the Recast Brussels Regulation (No 1215/2012) applies in most cases in practice. Within the scope of application of EU law the Brussels-Ia Regulation (No 1215/2012) applies in most cas- es in civil and commercial practice. Rules on jurisdiction are included in the Hun- garian Private International Law Act, which do not differentiate between the courts seized of an action. The Private International Law Act applies only if there is no applicable EU or international law provision and includes both general and specific rules inter alia on disputes related to property, family law matters and matters related to personal status, jurisdictional agreements and exclusive jurisdiction. In general, Hungarian courts will have jurisdic- tion if the defendant has its domicile or seat in Hungary. Other aspects that establish the juris- diction of Hungarian courts include the place of performance stipulated in a contract or desig- nated by law (eg, in tort cases the place where the damage emerged). The jurisdiction of Hun- garian courts can also be stipulated by means of a forum selection clause. Exclusive and Excluded Jurisdiction of Hungarian Courts The Private International Law Act provides for the exclusive jurisdiction of Hungarian courts in: • procedures concerning in-rem rights estab- lished on immovable property located in Hungary as well as the lease or usufructuary lease of such property;
• probate procedures concerning the estates of Hungarian nationals in Hungary; • the annulment of deeds issued in Hungary; and • enforcement in Hungary. By contrast, the jurisdiction of Hungarian courts is excluded in procedures: • concerning in-rem rights established on immovable property located abroad, or the lease or usufructuary lease of such property; • concerning the estates of non-Hungarian nationals abroad; • for the annulment of deeds or securities issued abroad; • for the granting, scope and termination of industrial property rights abroad; • concerning (i) the formation and termina- tion of legal persons or legal entities without legal personality registered abroad, (ii) the validity of the contract or instrument of such incorporation, and (ii) the review of resolu- tions adopted by of the organs of such a legal entity; • concerning the registration of rights, facts and data in public registers kept abroad; and Lawsuits must be initiated with a statement of claim. If the party has a legal representative, the statement of claim must be filed by the legal representative via an electronic filing system. Exceptionally, in matters where legal represen- tation is not mandatory, private persons can file the statement of claim in paper form or even orally at the competent court. • enforcement abroad. 3.4 Initial Complaint Filing of a Statement of Claim
552 CHAMBERS.COM
Powered by FlippingBook