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Jogtár
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Act III of 1952

on the Code of Civil Procedure1

PART ONE

GENERAL PROVISIONS

CHAPTER I2

Fundamental Principles

Objective

Section 13

The purpose of this Act is to ensure an unbiased judicial forum for resolving the legal disputes of
natural and other persons relating to their property and personal rights by way of enforcing the
principles laid down in this Chapter.

Remit of the Court in Civil Matters4

Section 25

(1) The court shall - in accordance with Section 1 - seek to enforce the parties_ right to reach a
settlement in disputes and respect their right to a fair trial, and to reach a conclusion within a
reasonable time period.6
(2) A reasonable time-frame for the conclusion of litigation shall be determined in due
consideration of the subject matter and nature of the dispute, as well as the unique circumstances of
the proceedings. Where a party is found to have contributed to the prolongation of the proceedings
through his actions and/or omissions, such party cannot rely on the closure of the proceedings
within a reasonable time-frame.7

1 Promulgated on 6 June 1952. The Minister of Justice was authorized by Subsection (2) of Section 64 of Law-Decree No. 26 of
1972 to publish the codified version of the Act with the necessary amendments incorporated. The amendments published in
volume 1972/94 of the Magyar Közlöny had been incorporated effective as of 1 January 1973. In accordance with Section 1 of
Law-Decree No. 25 of 1983, establishing Subsection (1) of Section 15 of Act IV of 1972, the judicial system has changed as of
1 January 1984. No further reference will be made to this change in other footnotes.
2 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
3 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
4 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
5 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000, Subsection (3) as of 1 July 2003.
6 See 2/2006 Harmonized Administrative Decision, published in Magyar Közlöny, volume 2006/49.
7 See Harmonized Administrative Decision No. 2/2006, published in Magyar Közlöny, volume 2006/49.
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(3)1 In the event of non-compliance with what is contained in Subsection (1), the party affected
may seek restitution - alleging the violation of his fundamental rights -, provided that such
impairment of a right cannot be remedied by way of redress procedures. If in consequence of
non-compliance with the provisions set out in Subsection (1) the party suffers any loss and it cannot
be remedied by way of redress procedure, he shall have the right to demand compensation from the
infringer in accordance with the provisions on non-contractual liability. The court shall hear cases
for restitution or damage claims in priority proceedings. If the infringement cannot be directly
attributed to any person acting on the court_s behalf, this shall not preclude the award of restitution
or damages.
(3a)2 The sanctions referred to in Subsection (3) shall be imposed upon the court. If the acting
court is not a legal entity, the claim shall be enforced against the court whose president exercises
overall employer_s rights over the judges of the court having no legal personality.
(4) In the application of this Act, the court must interpret the provisions of this Act in accordance
with the principles laid down in this Chapter.

Section 33

(1) The court shall initiate proceedings in connection with civil disputes when so requested. Such
request - unless otherwise provided for by law - may only be submitted by a party to the dispute.
(2) Unless otherwise prescribed by law, the requests and legal statements made by the parties
shall be binding upon the court. The court shall take into consideration the requests and statements
made by the parties according to their content, rather than their formal arrangement.
(3) Unless otherwise provided for by law, the responsibility for producing evidence for the
purposes of litigation lies with the parties. The legal consequences relating to the omission of
lodging a request for the performance of taking of evidence, or if such request is presented in delay,
moreover, if the taking of evidence has failed shall - unless otherwise prescribed by law - fall upon
the party required to produce evidence. For the purpose of deciding the dispute, the court shall
inform the parties in advance concerning the facts for which the taking of evidence is required, the
burden of proof, and also on the consequences of any failure of the evidentiary procedure.
(4) A request for the performance of taking of evidence, or the court_s decision ordering the
taking of evidence shall not be binding upon the court. The court shall not order the taking of
evidence, or the performance of taking of evidence if already ordered (seeking additional evidence
or repeating the procedure), if deemed unnecessary for rendering a decision in the dispute. The
court must forego the ordering of taking of evidence, if the party has submitted the request for the
performance of taking of evidence in delay for reasons within his control, or if the request is
presented contrary to good faith, unless this Act contains provisions to order otherwise.
(5) Unless otherwise provided for by law, in civil proceedings the court shall not be bound by
formal requirements relating to the taking of evidence, or to specific procedures for the performance
of taking of evidence or to the use of specific means of proof, and may freely use the arguments of
the parties, as well as any other evidence deemed admissible for ascertaining the relevant facts of
the case. These provisions shall not effect the presumptions of law, including those regulations
according to which certain circumstances are to be considered true in the absence of proof to the
contrary.
(6) The court shall take measures to enable the parties to have access to all requests submitted
during the proceedings, including all legal statements and documents presented to the court, and to
make their opinion known within the deadline prescribed by law.

Section 44

(1) The court - in rendering its decision - shall not be bound by the decision of any authority or by
any disciplinary decision, nor by the facts contained therein.

1 Established by Subsection (1) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Subsection (1) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
4 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
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(2) Where the property rights stemming from criminal proceedings that is considered to have been
finally disposed of is to be decided in a civil action, the court may not declare in its ruling the
sentenced person not guilty of the criminal act as charged.

Section 51

(1) Unless otherwise prescribed by law, the court shall adjudge civil cases in public hearing.
(2)2 The court may declare - in a reasoned statement - the hearing on the whole or certain sections
of the hearing closed from the public, where it is deemed absolutely necessary for the protection of
classified information, trade secrets or any other information that is rendered confidential by
specific other legislation. The court may shut out the public for reasons of morality, for the
protection of minors, or upon the party_s request if justified with a view to protecting the party_s
personal rights. Furthermore, in particularly justified cases the court may bar the public from the
hearing when examining witnesses with a view to keeping the witness_s data confidential, and
holding the hearing in closed session is absolutely necessary for the protection of the life and safety
of the witness and his family.
(3) The court shall deliver its decision publicly.

Section 63
(1) Court proceedings are conducted in the Hungarian language. No one may suffer any
disadvantage for not understanding the Hungarian language.
(2)4 In court proceedings - to the extent provided for by international agreement - parties shall be
entitled to use their native language, or the language of their region or nationality.
(3) The court is required to use an interpreter where necessary for the implementation of the
principles referred to in Subsections (1)-(2).

Section 75

(1) The court - in the cases prescribed by law - shall provide assistance upon request to promote
the party_s access to justice with a view to protecting his rights and lawful interests.
(2)6 With a view to implementing Subsection (1), the court is required to inform the party - if not
represented by a legal counsel - concerning his rights and obligations accrued by the proceedings,
the advocate_s participation in the proceedings, and on the availability of the option to appoint a
public defender. The court - in the cases and in the manner prescribed by law - may authorize
complete or partial exemption from court costs to the party upon request, or from providing
advance payments for court costs.

Section 87
(1) The court shall ascertain that the parties and other litigants exercise their rights under the
principle of due course of the law and discharge their obligations stemming from the litigation.
(2) The court shall take measures to prevent any and all procedures, acts and actions which
contradict the principle of exercise of rights in good faith, such as efforts taken to delay the
proceedings or that may lead top delays. The court shall apprise the parties to exercise their legal
rights in good faith, including the consequences applicable for litigating in bad faith.
(3) The court shall impose a financial penalty (Section 120) upon the party or any counsel, who -
whether deliberately or as a result of gross negligence:
a) presented any facts to the case that later proved to be false or untrue, or denied any facts
pertaining to the case, that later proved to be true,
1 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
2 Established: by Section 15 of Act LXII of 2012. In force: as of 29. 06. 2012.
3 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
4 Established: by paragraph (1) Section 183 of Act CLXXIX of 2011. In force: as of 1. 01. 2012.
5 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
6 First sentence established by Subsection (1) of Section 14 of Act CLI of 2007. Amended by Point 1 of Subsection (37) of
Section 85 of Act CCLII of 2013.
7 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
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b) suppressed any evidence that was evidently significant as to the outcome of the litigation, or
c) presented any evidence that was clearly unfounded,
during the hearing or in any document relating to the case.
(4) The court shall impose a financial penalty (Section 120) upon any party (counsel), and other
litigants for making a statement in delay without justification, or for their failure to make the
statement in spite of being so notified, hence delaying the conclusion of the proceedings.
(5) The court shall impose a financial penalty upon any party (counsel) for delaying legal actions
without justification, for any failure to meet a deadline, or for causing unnecessary expenses any
other way, in addition to ordering the party in question to pay for such expenses on the strength of
law - regardless of whether the court_s decision is for or against the party in question -, and shall
have powers to impose other legal sanctions as well.
(6)1 If in cases provided for by law the court orders the parties to submit to mediation (hereinafter
referred to as _compulsory mediation") and requesting the mediator or the first mediation hearing
fails due to reasons within the party_s control, the court shall impose a fine upon the defaulting
party. The burden of proof to refute actionable conduct lies with the party in default.

Remit of the Public Prosecutor_s Office in Civil Matters2

Section 93

(1) The public prosecutor_s office shall respect the parties_ right of disposition, and may -
however - bring action on behalf of a rightholder who is unable to enforce his rights for any reason.
The public prosecutor may not bring action with respect to any right that may be enforced by
persons or organization specified by the relevant legislation.
(2)4 Where the public prosecutor_s office has the right to bring action under Subsection (1),
however, the circumstances underlying its entering the action arise in the course of the litigation,
the public prosecutor may enter the litigation. The public prosecutor must enter the action brought
under Section 124/A. If the statutory requirements for the public prosecutor to enter the proceedings
are satisfied, the court shall so inform the public prosecutor_s office.
(3) The public prosecutor shall have the same rights as the parties, if the action was brought or
entered by the public prosecutor, however, he may not negotiate a settlement, and may not waive or
recognize any right.
(4) In actions that the public prosecutor_s office is empowered to bring on the strength of specific
other legislation, or that may be brought against it, the public prosecutor shall exercise the party_s
rights.
(5)5 The action may be brought by the public prosecutor of jurisdiction under the Act on the
Prosecution Service.

CHAPTER II

Courts of Law

Courts of Jurisdiction6

Section 107

1 Enacted by Subsection (2) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
3 Established by Section 2 of Act CX of 1999, effective as of 1 January 2000.
4 Established: by paragraph (1) Section 74 of Act CLXXXVI of 2013. In force: as of 1. 01. 2014.
5 Established: by paragraph (1) Section 44 of Act CLXIII of 2011. In force: as of 1. 01. 2012.
6 Established by Section 1 of Act LXXII of 1997, effective as of 1 January 1999.
7 Established by Section 5 of Act VI of 1954, effective as of 1 August 1954.
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(1)1 The following courts shall proceed in the first instance:

a) district courts;
b) courts of public administration and labor; and
c) general courts.
(2)2 The following shall proceed in the second instance:
a)3 general courts in cases falling within the jurisdiction of district courts and courts of public
administration and labor,
b)4 high courts of appeal in cases falling within the jurisdiction of general courts,5
c)6 the Curia in cases falling within the jurisdiction of high courts of appeal (Section 233/A), and
also in the cases referred to in Subsection (3) of Section 235.
(3)7 The Curia shall proceed in cases of review.
(4)8 Any reference made in legislation to district courts, it shall be understood as municipal courts
as well.

Composition of Courts

Section 11
(1)9 With the exception of Subsection (2), a court proceeding in the first instance shall consist of
one professional judge (single judge).
(2)10 In the cases specified by law, the court proceeding in the first instance shall proceed as a
three-member panel composed of a professional judge (presiding judge) and two lay assessors.
(3)11 The court shall proceed with lay assessors where - on the strength lay - lay assessor are
required to sit in the panel for rendering judgment in connection with any claim or counterclaim
enforced in a single action or in joined cases.
(4)12 The court acting in the second instance shall consist of three professional judges.
(5)13 In review proceedings the Curia shall proceed in a panel composed of three professional
judges. Where so justified in view of the complexity of the case, the Legfelsőbb Bíróság may
decide to proceed in a panel of five professional judges.
(6)14 In justified cases the composition of the court of jurisdiction may differ from what is
prescribed in Subsections (1)-(5) on the strength of law.

Section 12

(1)15 A single judge shall have powers to take all measures and make all decisions that are
delegated to the jurisdiction of a court or the presiding judge.

1 Established: by paragraph (1) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
2 Established by Section 3 of Act CX of 1999, effective as of 1 July 2003.
3 Established: by paragraph (2) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
4 Amended: by subparagraph b) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
5 See Subsections (3)-(5) of Section 165 of Act CX of 1999, and Act XXII of 2002.
6 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
7 Enacted by Section 3 of Act CX of 1999, effective as of 1 July 2003. Amended: by subparagraph c) Section 204 of Act CLXI of
2011. In force: as of 1. 01. 2012.
8 Established: by paragraph (3) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
9 Established by Section 3 of Act LXXII of 1997, effective as of 1 January 1999.
10 Established by Section 3 of Act LXXII of 1997, effective as of 1 January 1999.
11 Established by Subsection (1) of Section 6 of Law-Decree No. 26 of 1972, effective as of 1 January 1973. Amended under
Subsection (3) of Section 33 of Act LXXII of 1997.
12 Numbering modified by Subsection (2) of Section 6 of Law-Decree No. 26 of 1972.
13 Established by Section 1 of Act CXXX of 2005, effective as of 1 January 2006. Applies to proceedings in progress where no
final judgment had been adopted by 1 January 2006. If a final judgment had already been adopted by 1 January 2006, the
provisions previously in force shall apply to review proceedings. Amended: by subparagraph d) Section 204 of Act CLXI of
2011. In force: as of 1. 01. 2012.
14 Enacted by Section 4 of Act LXXII of 1997, effective as of 1 January 1999.
15 Established by Section 5 of Act LXXII of 1997, effective as of 1 January 1999.
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(2)1 In cases conferred under the jurisdiction of a court panel, the presiding judge shall have
authority to take all measures and adopt all decisions - other than the judgment - outside of the
hearing, that are delegated by law to the jurisdiction of the court. During the hearing the presiding
judge may take the measures and adopt the decisions that are expressly delegated to the jurisdiction
of the presiding judge.
(3)2 In the course of the hearing, professional judges and lay assessors shall have the same rights
and obligations. This provision also applies to the prohibition of use of the codecision procedure.
(4)3 Elsewhere in this Act, the concept of judge shall include professional judges and lay
assessors alike.

Officers of the Court and Clerks of Court4

Section 12/A5

(1) In cases delegated under the jurisdiction of courts of the first instance, an officer of the court
shall have powers to act without a formal hearing, instead of the single judge or the presiding judge;
an officer of the court shall - furthermore - have powers to perform the taking of evidence in
accordance with Subsection (2) of Section 202. In such cases the provisions of this Act governing
court proceedings shall apply to the officer of the court.6
(2)7 In the case described in Subsection (1) the officer of the court shall - unless otherwise
prescribed by law - have independent signatory right, and shall have authority to take all measures
and adopt all decisions - other than the judgment - that are delegated by law to the jurisdiction of
the court or the presiding judge.
(3) The officer of the court may not adopt a decision relating to provisional measures.
(4) In cases described by specific other legislation, a court clerk shall have powers to act with
independent signatory right, without a formal hearing, under the guidance and supervision of a
judge. In such cases the provisions of this Act governing court proceedings shall apply to the clerk
of the court.
(5) The provisions set out in Section 13 shall also apply to the recusation of officers of the court
and court clerks.

Disqualification of Judges

Section 13

(1) The following persons are excluded from the conduct of an action, and shall not function in an
action as judges:
a) the party, any person who holds a right or is subject to an obligation together with the party, as
well as any person who lays claim to the subject-matter of the litigation in part or in whole, or
whose rights and obligation may be effected by the outcome of the action;
b)8 the counsel or advocate of either of the persons referred to in Paragraph a), or a former
counsel or former advocate who was involved in the case previously;
c)9 the relatives or former spouse described in Subsection (2) of the persons referred to in
Paragraph a) or b);

1 Established by Subsection (1) of Section 7 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
2 Enacted by Subsection (1) of Section 7 of Law-Decree No. 26 of 1972, effective as of 1 January 1973. Amended under
Subsection (3) of Section 33 of Act LXXII of 1997.
3 Numbering modified by Subsection (2) of Section 7 of Law-Decree No. 26 of 1972. Amended under Subsection (2) of Section
33 of Act LXXII of 1997.
4 Enacted by Section 4 of Act CX of 1999, effective as of 1 January 2000.
5 Enacted by Section 4 of Act CX of 1999, effective as of 1 January 2000.
6 See Section 1 of Constitutional Court Resolution No. 21/2010 (II. 25.) AB.
7 Amended by Subsection (2) of Section 64 of Act XXX of 2008. Applies to cases opened subsequently.
8 Amended by Points 2 and 3 of Subsection (37) of Section 85 of Act CCLII of 2013.
9 Established by Section 5 of Act VIII of 1957, effective as of 1 March 1958.
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d) any person who was heard in the action as a witness or an expert, or who is ordered by the
court to appear as a witness or an expert;
e) any person who is unable to form an objective opinion in the case because of his preconceived
mental attitude (bias).
(2)1 For the purposes of Subsection (1), _relative_ shall mean next of kin and their spouses,
adoptive parents, stepparents and foster parents, adopted, step and foster children, brothers and
sisters, spouses, fiancées and domestic partners, spouse_s and domestic partner_s next of kin,
brothers and sisters, and spouses of their bothers and sisters.2

Section 143

A district court, the general court or a high court of appeal, the head of which is disqualified
according to Paragraph a), b) or c) of Subsection (1) of Section 13, may not act in a litigation.4

Section 15

(1)5 Any judge who participated in a litigation in the first instance is excluded from the second
instance.
(2)6 A judge who heard a complaint lodged concerning any delay in proceedings is excluded from
hearing the case in the second instance and from passing judgment of connection with a petition for
review.

Section 16

(1) The court shall on its own initiative ascertain that any judge or court disqualified as per the
above Sections is in fact excluded from partaking in the proceedings.
(2) Any judge who is subject to any grounds for recusation shall notify the chief judge of the
court without delay; in the event of non-compliance or compliance in delay the judge shall be
subject to disciplinary and financial liability.
(3)7 Where any grounds for recusation exist, the chief judge of the court shall ex officio move to
have the judge recused.
(4) Where any grounds for recusation exist it may be reported by the party as well during any
stage of the proceedings. However, the party may rely on the reason referred to in Paragraph e) of
Subsection (1) of Section 13 following the opening of litigation only if able to promptly verify of
having learnt about the fact underlying the report after the opening of litigation, and that the report
was made immediately thereafter.

Section 17

If a judge have reported the grounds for his recusation himself, or facilitated his own recusation
by excluding himself from the process, the chief judge of the court may move to have another panel
or judge appointed. In such case no separate resolution is required concerning the recusation.

Section 18

1 Amended by Points 4 and 5 of Subsection (37) of Section 85 of Act CCLII of 2013.

2 Correction published in Magyar Közlöny, volume 1995/62.
3 Established by Section 5 of Act CX of 1999, effective as of 1 July 2003. Amended: by subparagraph e) Section 204 of Act CLXI
of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph a) paragraph (14) Section 1 of Act CCXI of 2012. In force: as
of 1. 01. 2013.
4 See No. 1/1999 Harmonized Criminal-Administrative Decision. Published in Magyar Közlöny, volume 1999/34.
5 Numbering modified by Subsection (1) of Section 1 of Act XIX of 2006.
6 Enacted by Subsection (1) of Section 1 of Act XIX of 2006, effective as of 1 April 2006. As regards application see Section 3 of
Act XIX of 2006.
7 Established by Section 7 of Act VI of 1954, effective as of 1 August 1954.
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(1)1 If recusation is not handled through administrative channels, another panel of the same court
acting in the same instance may adopt a decision relating to the recusation of the judge without a
formal hearing.
(2)2 If the same court has no panel unaffected by the grounds for exclusion, or if the grounds for
exclusion apply to the entire court within the meaning of Section 14, the court of appeal or, in the
case of grounds involving the general court as a court of the second instance or a court of public
administration and labor, the high court of appeal, or in the case of grounds involving the high court
of appeal, the Curia shall have powers to adopt a decision on recusation.
(3) If the report was not made by the judge himself, his statement shall be obtained beforehand.
(4) The resolution on recusation may not be appealed, on the other hand, a complaint may be
lodged concerning the refusal of recusation only in an appeal that is filed against the decision
adopted on the merits of the case.

Section 19

(1) Any judge who himself reported the grounds for his exclusion may not be involved in the case
until his report is evaluated and resolved. In all other cases the judge affected may continue to act in
the case, however, as regards the grounds for exclusion under Paragraphs a)-d) of Subsection (1) of
Section 13, may not be involved in adopting a decision on the merits of the case until his report is
evaluated and resolved. Where the same party makes another report against the same judge in the
same action after the refusal of recusation, this restriction shall not apply.
(2) Where the report made by a party for recusation is clearly unfounded, or if makes another
clearly unfounded report against the same judge in the same litigation, a financial penalty (Section
120) may be imposed upon such person in the resolution on the refusal of recusation.

Section 20

The provisions of Sections 13-19 shall also apply to the exclusion of the minute taker as well.

Section 21

(1) Where possible the taking of evidence ordered by a court of the second instance shall be
performed by a judge who did not take part in issuing the judgment in the first instance.
(2) During the course of retrial, the judge who was involved in giving the underlying judgment
may not participate in the retrial.
(3)3 In hearing a petition for review, the judge who participated in passing any of the resolutions
to which the petition pertains may not be involved in such hearing.

Section 21/A4
In connection with recusation the court shall adopt its decision in priority proceedings.

CHAPTER III

Competence and Jurisdiction of the Courts

Competence

1 Established by Section 8 of Act VI of 1954, effective as of 1 August 1954.

2 Established by Section 2 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress as well. Amended:
by subparagraphs c) and f) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph b)
paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
3 Established by Section 3 of Act LXVIII of 1992, effective as of 1 January 1993.
4 Enacted: by Section 100 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
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Section 221

(1)2 District courts shall have jurisdiction of all actions which are not delegated under the
competence of the general court by law.
(2)3 Administrative actions (Chapter XX) shall fall within the jurisdiction of courts of public
administration and labor, as well as legal actions arising from employment and other similar
relationships (Chapter XXIII).

Section 23

(1)4 The following actions fall under the jurisdiction of the general court:5
a)6 actions relating to rights in property, where the subject matter is valued over thirty million
forints, with the exception of actions relating to rights in property arising out of a matrimonial
relationship, if opened in conjunction with or in the course of matrimonial proceedings;
b)7 actions for compensation for damages resulting from acts and omissions in the exercise of
public authority, and for the payment of restitution for any violation of rights relating to personality
in the exercise of public authority
c)8 actions relating to copyright and related rights - including the actions relating to the
enforcement of rights and royalty claims falling within the realm of collective rights management -,
as well as actions relating to the protection of industrial property rights;
d) actions relating to contracts for the international carriage of goods and forwarding contracts;
e)9 of corporate actions:
ea) actions filed for having abolished a ruling of registration by a court of registry passed in favor
of the application,
eb) actions for having a company_s charter document, or any subsequent amendment thereof,
declared annulled, invalid or rescinded,
ec) actions filed for the judicial review of resolutions passed by the bodies of a company,
ed) actions based on the legal relationships of members (former members) initiated between
companies and their members (former members),
ee) actions relating to the acquisition of control in a business association, furthermore
ef) actions for having the limited liability of any member (shareholder) of a company for the
company_s debts changed to unlimited liability;
f)10 of the actions relating to organizations registered by the relevant general court, which are not
recognized as corporate entities:
fa)11 actions filed by the body exercising judicial oversight, legal control against such
organizations,
fb) actions based on the legal relationships of members (former members) initiated between such
organizations and their members (former members);
g)12 of actions for violations of rights relating to personality:
ga) actions brought to invoke sanctions irrespective of attributability, including where restitution
or damages are also claimed in addition to sanctions independent of attributability for breaches of
such rights,

1 Established by Subsection (1) of Section 4 of Act LXVIII of 1992, effective as of 1 January 1993.
2 Amended: by subparagraph g) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph a)
paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
3 Established: by paragraph (4) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
4 Established by Section 7 of Act CX of 1999, effective as of 1 July 2003. See also Subsection (2) of Section 165 of Act CX of
1999.
5 Amended: by subparagraph e) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
6 Established: by Section 101 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011. Amended: by subparagraph a) Section 16 of
Act CXVII of 2012. In force: as of 1. 08. 2012.
7 Established by Subsection (3) of Section 85 of Act CCLII of 2013. Amended by Paragraph a) of Section 23 of Act CLXXX of
2015.
8 Amended by Paragraph a) of Subsection (38) of Section 85 of Act CCLII of 2013.
9 Established by Section 3 of Act CXXX of 2005, effective as of 1 January 2006. Applies to proceedings opened subsequently.
10 Established by Section 3 of Act CXXX of 2005, effective as of 1 January 2006. Applies to proceedings opened subsequently.
Amended: by subparagraph e) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
11 Amended: by subparagraph b) Section 16 of Act CXVII of 2012. In force: as of 24. 07. 2012.
12 Established by Subsection (4) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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gb) actions for the enforcement of rights relating to personality - other than those under
Subparagraph ga) - for being part of a certain group;
h) actions in connection with a legal relationship arising from securities;
i)1 actions for the enforcement of rights to facial likeness and recorded voice (Chapter XXI/A);
j) actions for rectification (Chapter XXI);
k)2 actions brought for the annulment of unfair contractual terms;
l) declaratory proceedings (Section 123), where the amount in dispute - if condemnation may be
requested - exceed the sum referred to in Paragraph a);
m)3 actions under Subsection (3) of Section 2;
n)4 actions relating to financing contracts concluded with healthcare service providers;
o)5 actions delegated under the competence of the general court by law.
(2)6 Where either of the co-defendants fall within the jurisdiction of the general court, the action
shall also fall within the jurisdiction of that general court.

Section 23/A7

The Amount in Dispute

Section 24

(1) The amount in dispute shall be determined based on the value of the claim or other right
enforced by the action.8
(2) The value of the claim or other right which is the subject matter of the dispute shall comprise -
irrespective of the sum which can be actually established - the following:
a)9 the value of claims arising from maintenance or sustenance obligations, other annuities, in
actions for other periodic provisions or usufructs the value of all remaining payments, but not more
than the value of payments for one year;10
b)11 in labor disputes - provided that the subject matter of the action is other than pecuniary
claims - the absentee pay for one year, if the employment relationship is itself disputed, or if the
dispute concerns the wage difference only, the annual amount of such wage difference;
c)12 in actions pertaining to rental agreements and lease contracts, the amount of rental or lease
charges for one year;
d)13 in actions brought to verify the guardian_s final statement of accounts the disputed claims or
debts, whichever is the larger sum, and in actions brought to establish the accountability of
guardians, the sum sought by the plaintiff for the guardian_s failure to submit the final statement of
accounts;
e)14 in actions concerning rights in rem, the value of the disputed asset (part), or the value of the
rights in rem;
f)15 in actions relating to security for claims, or to rights of pledge or mortgage rights, and in
actions of replevin the amount of the claim, however, if the amount or value of the security (pledge,
surety, guarantee etc.) is less than that, this latter value or amount;

1 Established by Section 1 of Act XI of 2015, effective as of 2 April 2015.

2 Established by Section 1 of Act III of 2006. Amended by Paragraph b) of Subsection (38) of Section 85 of Act CCLII of 2013.
3 Amended by Paragraph c) of Subsection (38) of Section 85 of Act CCLII of 2013.
4 Enacted by Section 3 of Act CXXX of 2005. Amended by Paragraph a) of Subsection (6) of Section 64 of Act XXX of 2008.
5 Designation modified by Section 3 of Act CXXX of 2005. Amended: by subparagraph e) Section 204 of Act CLXI of 2011. In
force: as of 1. 01. 2012.
6 Amended: by subparagraph h) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
7 Repealed by Paragraph c) of Section 31 of Act LXVIII of 1992, effective as of 1 January 1993.
8 See Harmonized Civil Law Decision No. 4/2008.
9 Established by Subsection (1) of Section 12 of Act VI of 1954, effective as of 1 August 1954.
10 See Harmonized Civil Law Decision No. 4/2008.
11 Enacted by Subsection (1) of Section 10 of Act VIII of 1957, effective as of 1 March 1958. Amended: by subparagraph a)
paragraph (3) Section 20 of Act LXXXVI of 2012. In force: as of 1. 07. 2012.
12 Designation modified by Subsection (2) of Section 10 of Act VIII of 1957.
13 Designation modified by Subsection (2) of Section 10 of Act VIII of 1957.
14 Designation modified by Subsection (2) of Section 10 of Act VIII of 1957.
15 Designation modified by Subsection (2) of Section 10 of Act VIII of 1957.
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g)1 in actions for the termination or suspension of enforcement procedures, the amount sought by
the judgment creditor, or the part of this amount to which the termination of the right of
enforcement pertains; the provisions of Paragraph a) shall apply here as well.

Section 25

(1) If the plaintiff of an action brought for non-monetary claim declares to accept a specific sum
of money in lieu of the subject matter of the action, the amount in dispute may not be set above that
sum. The same applies where the plaintiff is seeking monetary damages in the alternative.
(2)2
(3) Where one or more plaintiff is seeking satisfaction in a single action against one or more
defendants, the amount in dispute shall be determined with all claims added up.
(4)3 The ancillary costs of the principal (interest, costs etc.) are not taken into account when
determining the value, except if the interest and other ancillary costs are recovered separately; the
amount in dispute shall not cover the interest due on, and recovered with, a pecuniary claim, even if
additional interest is claimed at the same time on the interest.

Section 26
The amount in dispute shall be specified - in accordance with Sections 24-25 - by the plaintiff; if
this value is contrary to common knowledge or incompatible with the information officially
available to the court, or if deemed unlikely, moreover, if disputed by the defendant, the amount in
dispute shall be determined by the court.

Examination as to Competence

Section 27

(1) In determining the competence of a court, the amount in dispute shall be established based on
the time when the statement of claim is submitted. If, however, the action is referred to the court_s
competence on account of any change in disputed amount that may have occurred following
submission of the statement of claim, the court shall be declared competent nonetheless.
(2) In the event if the claim to which the action pertains is increased, competence shall be
determined according to this higher claim, on the other hand, if decreased it shall not affect
competence.

Section 284

The court shall take into consideration its lack of competence ex officio. If, however, competence
is contingent upon amount in dispute, after the defendant has presented his counterclaim on the
merits (Section 139), the lack of competence may no longer be taken into consideration.

General Jurisdiction

Section 29

(1) The court in whose area of competence the defendant_s home is located shall have jurisdiction
in all actions which are not delegated under the exclusive jurisdiction of another court (general
jurisdiction).

1 Established by Subsection (1) of Section 12 of Act VI of 1954. Designation modified by Subsection (2) of Section 10 of Act VIII
of 1957.
2 Repealed by Subsection (1) of Section 64 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
3 Established: by Section 80 of Act CLXXX of 2011. In force: as of 1. 01. 2012.
4 Established by Section 11 of Act VIII of 1957, effective as of 1 March 1958.
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(2)1 If the defendant has no permanent residence in Hungary, jurisdiction shall be determined
according to the defendant_s habitual residence; if the defendant_s habitual residence is not known,
or if located abroad, the last known domestic residence shall apply, or if this cannot be identified or
if the defendant has never had a permanent residence in Hungary, jurisdiction shall be based on the
plaintiff_s home address, or failing this on the plaintiff_s habitual residence, or in the plaintiff_s
registered office if other than a natural person.
(3)2 If the defendant_s permanent employment is located in a place other than his home address,
the court shall transfer the case - upon the defendant_s request presented not later than during the
first hearing - to the court of jurisdiction by reference to the place where the employment is located
to hear and decide the case.
(4)3 Where jurisdiction in a case against a defendant of unknown whereabouts is established in
accordance with Subsection (2), however, in the course of the proceedings the defendant_s
domestic home address (habitual residence) is identified, the case shall be transferred - upon the
defendant_s request presented during the first hearing before the court of the first instance - to the
court of jurisdiction by reference to the defendant_s home address (habitual residence) to hear and
decide the case.

Section 30
(1)4 In actions against legal persons general jurisdiction is based on the registered office of the
legal person and of its appointed representative body alike. In cases of doubt, the head office shall
be recognized as the registered office. If the registered office of a legal person is located in
Budapest, however, its operations cover the territory of Pest County as well, the court of
jurisdiction for Pest County shall have competence.5
(2)6 Where a legal person has no registered office in Hungary, in an action where the plaintiff is a
resident legal person jurisdiction shall be determined based on the plaintiff_s registered office. If
the plaintiff is a resident legal person, jurisdiction shall be determined based on the plaintiff_s home
address, or failing this his habitual residence as well.
(3)7
(4)8 Where an unincorporated organization is declared to have legal capacity by law, as regards
any actions against such organizations the jurisdiction of the court shall be determined under the
provisions of Subsections (1) and (2).

Section 30/A9

Actions for the nullification of any unfair contract term that has been incorporated into a
consumer contract shall be heard by the court in whose jurisdiction the proponent_s home address,
or failing this, his habitual residence, or the proponent_s main offices, if other than a natural person,
is located in Hungary. If the proponent has no home address or habitual residence, or registered
office in Hungary, jurisdiction shall be determined according to the defendant_s home address, or
failing this, his habitual residence, or the defendant_s main offices, if other than a natural person.

Other Criteria for Jurisdiction

Section 31

1 Established by Section 8 of Act CX of 1999, effective as of 1 January 2000.

2 Established by Section 13 of Act VI of 1954, effective as of 1 August 1954.
3 Enacted by Section 13 of Act VI of 1954, effective as of 1 August 1954.
4 Numbering modified under Section 14 of Act VI of 1954. Last sentence enacted by Subsection (1) of Section 10 of Law-Decree
No. 26 of 1972, effective as of 1 January 1973.
5 See Harmonized Administrative and Civil Law Decision No. 1/2005, published in Magyar Közlöny, volume 2005/77.
6 Established by Section 9 of Act CX of 1999, effective as of 1 January 2000.
7 Repealed by Paragraph a) of Subsection (39) of Section 85 of Act CCLII of 2013, effective as of 1 January 2014.
8 Established by Subsection (1) of Section 5 of Act LXVIII of 1992. Amended by Paragraph d) of Subsection (38) of Section 85 of
Act CCLII of 2013.
9 Enacted by Subsection (5) of Section 85 of Act CCLII of 2013, effective as of 1 January 2014.
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In all those actions which are not delegated under the exclusive jurisdiction of another court, the
plaintiff shall have the option to initiate proceedings before any of the courts specified in Sections
32-41 below, subject to the conditions set out therein, instead of the court of ordinary jurisdiction
for the defendant.

Section 32

(1)1 As regards actions relating to property rights, the court of jurisdiction by reference to the
place where defendant is a resident under circumstances implying long-term stay (e.g. as an
employee or student) shall have competence. The jurisdiction of the Hungarian Armed Forces and
that of the non-professional members of the armed forces on the basis of this Section shall be
determined according to the place where stationed permanently.
(2) Jurisdiction as governed in Subsection (1) shall not apply to any defendant who has no legal
capacity (Section 49).
(3) Where a defendant has no permanent residence nor habitual residence in Hungary, an action
relating to property rights may be initiated before the court in whose area of jurisdiction the subject
matter of the action is located, or in whose area of jurisdiction the defendant_s attachable assets can
be found. If the assets consist of any claim, the action shall be initiated at the place where home
address of the defendant_s debtor is located, or, if the claim is secured by some form of rights in
rem, at the place where such rights in rem is located.
(4)2 Actions relating to property rights against nonresident legal persons may be opened before a
court, apart from the one mentioned in Subsection (3), in whose area of jurisdiction the residence of
the person appointed to handle the affairs of the nonresident legal person is located, moreover,
actions relating to property rights may be heard by a court of jurisdiction by reference to the place
where the Hungarian branch or commercial representation of the nonresident legal person is
located.

Section 32/A3

Section 334

Section 345

(1) Actions for the enforcement of claims arising from maintenance, annuities, and other similar
periodic provisions, may be opened before the court of jurisdiction by reference to the place where
the home address of the rightholder is located.
(2)6 Actions for the settlement of parental custody or the third-party placement of a child may be
opened before the court of jurisdiction by reference to the child_s home address.
(3)7 Actions for the dissolution of an adoption may be opened before the court of jurisdiction by
reference to the minor child_s home address or habitual residence.

Section 35

(1)8 Actions pertaining to the ownership or possession of immovable property or to any rights in
immovable property, and those arising from any contract relating to immovable property may be
opened before the court of jurisdiction by reference to the place where the immovable property is
located.

1 Amended by Paragraph c) of Subsection (2) of Section 25 of Act XC of 2007.

2 Established by Section 10 of Act CX of 1999, effective as of 1 January 2000.
3 Repealed by Subsection (1) of Section 64 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
4 Repealed by Paragraph a) of Subsection (2) of Section 2 of Act LII of 1994, effective as of 1 September 1994.
5 Established by Section 17 of Act VI of 1954, effective as of 1 August 1954.
6 Amended by Point 6 of Subsection (37) of Section 85 of Act CCLII of 2013.
7 Enacted: by Section 16 of Act LXII of 2012. In force: as of 29. 06. 2012.
8 Numbering modified under Section 4 of Law-Decree No. 31 of 1979.
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(2)1

Section 362

(1)3
(2) Actions for claims arising from any transaction concluded by an economic operator acting in
the course of his business activity may be opened before the court of jurisdiction by reference to the
place of the transaction or the place of performance.

Section 374

Actions for damages may be opened before the court where the damage was caused, or before the
court place where the damage has in fact occurred.

Section 385

Actions relating to bills of exchange may be opened before the court where the place marked on
the bill of exchange as the place of payment is located.
Section 396

Section 40

(1) Action may be brought against the secondary obligee in conjunction with the principal before
the court that has jurisdiction for hearing the case against the principal on any grounds.
(2) Where a person claims possession of the subject matter of an action pending between other
persons for his own benefit, the court hearing these proceedings pending shall also have jurisdiction
to hear the case filed by such person against the persons aforementioned for the enforcement of his
claim.
(3)7 In cases not covered by Subsection (1) or (2) the action - with the exception of submission
(Section 41) - may be initiated against all defendants (Section 51) before the court of jurisdiction
with respect to any defendant.
(4)8

Section 419

(1) In respect of actions relating to property rights, the parties may agree - unless otherwise
prescribed by law - to designate a specific court as the court of competent jurisdiction to settle any
disputes which have arisen or may arise between them in connection with specific relationships
(submission). Such agreement of the parties shall be made:
a) in writing;
b) verbally, subject to confirmation in writing;
c) in a form that satisfies the established course of business dealings between parties; or
d) in international commerce, in a form that conforms to trade usage with which the parties are or
should have been familiar and that are generally known and regularly applied by the parties of these
particular types of contracts in the business sector in question.

1 Repealed by Subsection (4) of Section 15 of Act XXVI of 1991, effective as of 27 July 1991.
2 Established by Subsection (3) of Section 5 of Act LXVIII of 1992, effective as of 1 January 1993.
3 Repealed by Subsection (1) of Section 174 of Act CX of 1999, effective as of 1 January 2000.
4 Established by Section 14 of Act VIII of 1957, effective as of 1 March 1958.
5 Established by Section 7 of Law-Decree No. 33 of 1984, effective as of 1 January 1985.
6 Repealed by Subsection (1) of Section 64 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
7 Established by Section 16 of Act VIII of 1957, effective as of 1 March 1958.
8 Repealed by Subsection (1) of Section 64 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
9 Established by Subsection (1) of Section 62 of Act L of 2009, effective as of 30 June 2009. See Subsection (6) of Section 61 of
Act L of 2009.
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(2) No choice of court agreement is allowed in cases which are conferred under the exclusive
jurisdiction of a court by the relevant legislation.
(3) The chosen court shall have exclusive jurisdiction unless otherwise provided for by law or
otherwise agreed upon by the parties.
(4) A choice of court agreement applies to successors as well.
(5) Where the choice of court agreement is comprised in the standard contractual terms and
conditions, the chosen court shall transfer the case - upon the defendant_s request presented during
the first hearing - to the court designated by the defendant of competent jurisdiction under Sections
29-40 to hear and decide the case.
(6) In actions relating to property rights the parties may not choose:
a)1 the Fővárosi Törvényszék (Budapest Metropolitan Court) and the Budapest Környéki
Törvényszék (General Court of Greater Metropolitan Budapest) in cases falling under the
competence of the general court,
b)2 the Pesti Központi Kerületi Bíróság (Pest Central District Court) in cases falling under the
competence of district courts,
to settle any disputes which have arisen or may arise between them in connection with specific
relationships.

Examination as to Jurisdiction, Extent of Jurisdiction

Section 42

The jurisdiction of a court shall be established based on the time when the statement of claim is
submitted. If, however, the action is conferred under the court_s jurisdiction on account of any
change that may have occurred following submission of the statement of claim, the court shall be
declared competent nonetheless.

Section 43

(1)3 The court shall take into consideration its lack of jurisdiction ex officio. If, however,
jurisdiction is non-exclusive, after the defendant has presented his counterclaim on the merits
(Section 139), lack of jurisdiction may no longer be taken into consideration.
(2) The court shall examine the authenticity of any argument presented in connection with
jurisdiction or the lack of it only if contrary to common knowledge or incompatible with the
information officially available to the court, or if deemed unlikely, moreover, if disputed by the
defendant.

Proceedings of a Court Outside its Own Territorial Jurisdiction

Section 44

(1)4 On general principle, a court shall carry out judicial acts directly in its own area of
jurisdiction or at the place where the court is sitting, and may act in the territorial jurisdiction of
another court only if this is necessary for conclusion of a procedure on its territorial boundary, or if
implementation is justified on the grounds of urgency, in the interest of a minor or some other
important reason. Otherwise, the court shall carry out judicial acts outside its own territorial
jurisdiction or seat by way of seising.
(2)5 If the court acts outside its own territorial jurisdiction or seat, the district court in whose
territorial jurisdiction the act is carried out shall be notified in advance, upon which the district
court in question shall provide assistance.

1 Amended: by subparagraph i) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
2 Amended: by subparagraph a) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
3 Established by Section 17 of Act VIII of 1957. Amended by Section 9 of Act CX of 2000.
4 Established: by Section 17 of Act LXII of 2012. In force: as of 29. 06. 2012.
5 Amended: by subparagraph c) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
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Delegation of the Court of Competence

Section 45

(1)1 In the event of any conflict of competence or jurisdiction arising in connection with final
decisions, furthermore, when the competent court cannot be identified or if disqualified, the acting
court shall be delegated under priority.
(2)2 In the process of delegation of the acting court:
a)3 the decision lies with the general court if the conflict occurs between district courts within its
territorial jurisdiction, and if a district court is disqualified within its territorial jurisdiction another
district court can be appointed;
b)4 in cases not covered by Paragraph a), the decision lies with the high court of appeal if the
conflict occurs between district courts, the general court and/or courts of public administration and
labor within its territorial jurisdiction, and if the district court, the general court or the court of
public administration and labor is disqualified within its territorial jurisdiction another district court,
general court or court of public administration and labor can be appointed;
c)5 in cases not covered by Paragraph a) and b), the decision lies with the Curia.
Section 46

(1) If the competent court cannot be identified, the party may submit a request for appointment at
any court; otherwise the court of origin is required to present a recommendation for the appointment
of its own motion.
(2) The court may adopt a decision as to appointment without hearing the parties.
(3)6 A resolution establishing any conflict in competence and jurisdiction and containing a
recommendation for appointment may not be appealed.

Section 477

CHAPTER IV

Parties and Other Persons Involved in Actions

Capacity to be a Party to Legal Proceedings

Section 48

Any person who is able to accrue rights and obligation under the rules of civil procedure is
considered to have the capacity to be a party in legal proceedings (legal capacity).

Section 49

(1)8 A person may be a party in legal proceedings acting personally or by way of a counsel
(competency in legal proceedings):
1 Amended: paragraph (2) Section 122 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
2 Established by Section 4 of Act CXXX of 2005, effective as of 1 January 2006. Applies to proceedings opened subsequently.
3 Established: by paragraph (5) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
4 Established: by paragraph (5) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
5 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
6 Enacted: by Section 1 of Act CXVII of 2012. In force: as of 24. 07. 2012.
7 Repealed: by Section 1 of Act CXXXI of 2013. No longer in force: as of 1. 08. 2013.
8 Established by Subsection (6) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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a) if having full legal capacity under civil law;

b) if being of legal age with partially limited legal capacity, and if there exists no restriction in his
legal capacity under civil law relating to the subject matter of the action, or to procedural steps in
court; or
c) if having the right of disposition of the subject matter of the action under civil law.
(2)1 If a party has no competency in legal proceedings, or if the party is a legal person, he shall be
represented by a legal representative acting in his name and on his behalf. Furthermore, a legal
representative shall proceed on behalf of any person who was placed under conservatorship without
prejudice to his legal competency by the guardian authority,2 but only if such person does not act in
person. In the absence of a legal representative, the court shall appoint - at the opposing party_s
request - a guardian ad litem (Section 74).
(3) Representation and the scope and extent of authorizations the legal representative is required
to obtain with a view to arguing the case and to carrying out certain acts during the proceedings
shall be governed by specific other legislation, and by the legislation pertaining to the
organizational structure of legal persons.
(4)3

Section 50
(1)4 The court shall have powers to check the legal capacity and the competency of the parties in
legal proceedings, as well as the legal representative_s and advocate_s credentials in cases of doubt
during any stage of the proceedings. Moreover, the court shall of its own motion check to verify
during any stage of the proceedings the authorizations the legal representative is required to obtain
with a view to arguing the case and to carrying out certain acts during the proceedings.
(2)5 Proof of legal capacity and competency of the parties in legal proceedings, or proof of legal
representation or advocacy, or authorization is not required if it considered common knowledge or
if the court has officially been informed.

Joinder of Parties

Section 51

Two or more plaintiffs may unite in an action and two or more defendants may be jointly charged
if:
a) the subject matter of the litigation is a common right or a common liability that can only be
resolved in unity, or if the ruling would affect all defendants, even those not appearing in court;
b) the claims under litigation originate from the same legal relationship;
c) the claims under litigation involve the same cause of action and legal basis, and the same court
is recognized to have jurisdiction Section 40 notwithstanding with respect to all defendants.
Section 52

(1) In the case of joinder of actions under Paragraph a) of Section 51, the actions of any
co-defendant - other than settlement, recognition and waiver of a right - shall be binding upon any
co-defendant who is in default with regard to any deadline, time limit or act, provided that he has
not made up for his omission subsequently.
(2) If the actions or arguments of the co-defendants covered by Paragraph a) of Section 51 differ
from each other, the court shall assess them in light of other data and information from the
proceedings.

1 Established by Section 2 of Law-Decree No. 12 of 1960, effective as of 1 May 1960.

2 See Section 173 of Government Decree 149/1997 (IX. 10.) Korm.
3 Repealed by Subsection (1) of Section 31 of Act LX of 1995, effective as of 29 August 1995.
4 Amended by Point 7 of Subsection (37) of Section 85 of Act CCLII of 2013.
5 Amended by Point 8 of Subsection (37) of Section 85 of Act CCLII of 2013.
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Section 53

(1) In the case of joinder of actions under Paragraph b) or c) of Section 51, any action or omission
on the part of either co-defendant may not serve to the benefit or detriment of the other
co-defendants.
(2) In the case of joinder of actions under Paragraph b) or c) of Section 51, any co-defendant who
is not directly affected shall be advised where a writ of summons is issued for a specific deadline, as
well as of any decision on the substance of the case; however, if the action is separated (Section
149) it is not necessary to summon any co-defendant who is not directly affected.

Section 53/A1

Intervention

Section 542
(1) Any person who has any legal interest as to the outcome of a pending action may join one of
the original parties in maintaining the action or in asserting a defense prior to the adjournment of
the hearing held before judgement is given in the first instance.
(2)3

Section 55

Intervention shall be notified in writing, or during the hearing verbally, and the intervener is to
indicate the party in whose favor he is wishing to intervene, indicating - furthermore - the reason for
supporting the success of this party. The notice shall be delivered to the parties.

Section 56

(1)4 Before allowing the intervention the court shall hear the parties and the intervener where
deemed necessary.
(2) If in the course of litigation it becomes known that intervention should not have been allowed,
the court shall exclude the intervener from the litigation after hearing the parties and the intervener.
(3)5 The resolution adopted on intervention - other than the intervention referred to in Subsection
(4) - may not be appealed.
(4)6 If the judgment delivered in the litigation is binding - pursuant to the relevant legislation -
upon the relationship of the intervener and the opposing party, the ruling for the refusal of
intervention or for the exclusion of the intervener from litigation may be appealed by the intervener,
upon which the intervener may continue to participate in the action until the final decision in the
appellate proceeding is adopted.

Section 57

1 Repealed by Section 19 of Act VIII of 1957, effective as of 1 March 1958.

2 Established by Section 12 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
3 Repealed by Subsection (1) of Section 31 of Act LX of 1995, effective as of 29 August 1995.
4 Established by Section 13 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
5 Established: by Section 1 of Act LXIX of 2013. In force: as of 1. 06. 2013.
6 Enacted: by Section 1 of Act LXIX of 2013. In force: as of 1. 06. 2013.
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(1)1 The intervener shall be entitled to carry out all acts - except settlement, recognition and
waiver of a right - to which the party on whose behalf he is intervening is entitled to, however, his
actions shall be binding inasmuch as to cover the party_s omission of the act in question, or if the
intervener_s actions do not contradict the actions of the party on whose behalf he is intervening. If
the judgment delivered in the litigation is binding - pursuant to the relevant legislation - upon the
relationship of the intervener and the opposing party, the intervener_s actions shall be considered
binding also if contradictory with the actions of the party he has joined; the court shall ascertain the
influence of such contradicting actions on the outcome of the litigation taking other data and
information from the proceedings into account.
(2) The decisions and documents which are to be delivered to the party shall be delivered to the
intervener as well.

Section 582

(1) If the losing party wishes to enforce any claim against a third party, or if being aware of a
third party planning to lay a claim against him, may give third party notice. An impleader may be
submitted by the intervener and by the third party as well.
(2) Third party notice shall be submitted within thirty days of receipt of the statement of claim if
given by the defendant, or within thirty days from the date of service of the statement of defense if
given by the claimant. This provision shall also apply to any permissible adaptation of claims and to
counterclaims.
(3) After the legal effects of bringing action have materialized, third-party notice may be
submitted by the intervening party within thirty days after the date of joining the action.
(4) A third-party notice given past the deadlines specified in Subsections (2) and (3) shall be of no
effect.

Section 593

(1) The impleader shall be notified in writing, or shall be presented during the hearing verbally,
with the reason for third-party practice. The defendant shall serve the impleader to the third party in
writing, including the reasons and a brief account of the status of the litigation. The defendant shall
provide documentary evidence in proof of service, indicating also the time of service, at the time of
notifying the impleader.
(2) If the third party fails to notify within thirty days of being served - as verified by the defendant
- the court of joining the action, it shall be construed as the third party_s refusal to join the action.
Any statement given past the deadline shall be of no effect.

Section 60

(1) If the third party accepts the interpleader, he may join the interpleading party as an intervener,
which may be notified in writing or may be presented during the hearing verbally. Furthermore, the
provisions on intervention shall apply to allowing the joining of the third party as well as to the
legal status of such third party.
(2) Accepting the interpleader shall not constitute the third party_s recognition of his obligation
vis-à-vis the interpleading party. The legal issue between the interpleading party and the third party
shall not be decided within the realm of this action.

Change in the Person of the Parties

Section 61

1 Amended: by Section 10 of Act LXIX of 2013. In force: as of 1. 06. 2013.

2 Established: by paragraph (1) Section 59 of Act CCVIII of 2012. In force: as of 23. 12. 2012.
3 Established: by paragraph (2) Section 59 of Act CCVIII of 2012. In force: as of 23. 12. 2012.
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(1)1 Where in a relationship underlying the litigation either party is replaced by a successor
during the litigation in accordance with the rules of civil procedure, the successor may join the case
on his own volition, or the successor may be joined by the opposing party as well. The plaintiff_s
successor may be joined if succession takes place due to the plaintiff_s death or upon the plaintiff_s
termination by way of succession.
(2)2 Joining the action by the plaintiff_s successor on his own motion is subject to the plaintiff_s
approval, whereas the approval of both parties is required for joining the action by the defendant_s
successor on his own motion. No approval is required where joining takes place due to the
predecessor_s death or upon the predecessor_s termination by way of succession, however,
succession shall be substantiated.
(3) Joining the action by the successor - whether on his own motion or otherwise for reasons other
than the predecessor_s death - the predecessor shall be dismissed at his request, subject to the
opposing party_s consent.

Section 62

(1) Joining the action by the successor - whether on his own motion or otherwise - shall be
notified in writing, or presented during the hearing verbally. The notice shall be delivered to the
parties and to the successor as well.
(2) Before adopting a decision as to joining the action - whether on own motion or otherwise - or
for the predecessor_s dismissal the court shall hear the party also if his consent is not required.
(3) The successor shall replace the predecessor dismissed from the action; any actions carried out
and court judgments delivered before the predecessor_s dismissal shall be binding upon the
successor as well.
(4) If the predecessor is not dismissed, the successor shall join the predecessor in the action.

Section 63

Where a third party lays claim to the subject matter of the action - in the capacity of successor or
otherwise - in part or in whole, the defendant may give notice to such third party. If the third party
joins the action, and the defendant places the subject matter of the action in the care of the court
while waiving the right of retention, the defendant shall be dismissed, and the litigation shall
continue between the plaintiff and this third party, taking the place of the defendant.

Section 64

(1)3 Where a person is named as the defendant of an action in connection with a right exercised in
the name of a third party, the defendant may give notice to such third party. If the third party
concedes that the defendant exercises the right in question in his name, and joins the action, the
defendant - at his request - shall be dismissed subject to the plaintiff_s consent, and the litigation
shall continue between the plaintiff and this third party, taking the place of the defendant.
(2)4 If the plaintiff brought action against a person other than the one against whom the claim is
enforceable, the court - upon the plaintiff_s request presented during the proceedings of the first
instance - shall summon the person named by the plaintiff as the defendant to appear before the
court, with the cause of action enclosed, and dismiss the previous defendant, provided that it has
competence and jurisdiction vis-à-vis this defendant. The costs of the dismissed defendant shall be
borne by the plaintiff with the exception set out in Subsection (2) of Section 80.

1 Second sentence established by Subsection (1) of Section 4 of Act LX of 1995, effective as of 29 August 1995. Applies to cases
in progress as well.
2 Second sentence established by Subsection (2) of Section 4 of Act LX of 1995, effective as of 29 August 1995. Applies to cases
in progress as well.
3 Numbering modified under Section 20 of Act VIII of 1957.
4 Enacted by Section 20 of Act VIII of 1957. First sentence established by Section 15 of Law-Decree No. 26 of 1972, effective as
of 1 January 1973.
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(3)1 Any person on whose behalf the public prosecutor or a person or body so authorized by
specific other legislation brought action for the enforcement of his claim, shall be a party to the
proceedings. An action brought by others may be joined by any person who also had the right to
bring action according to specific other legislation or under Paragraph a) or b) of Section 51, as a
co-plaintiff before the time when the hearing preceding the giving of judgment in the first instance
is adjourned. If the actions or arguments of the co-plaintiff - except for the joinder referred to in
Paragraph b) of Section 51 - differ from each other, the court shall assess them in light of other data
and information from the proceedings.

Section 652

In cases covered by Sections 61-63 and Subsections (1)-(2) of Section 64, the decisions pertaining
to joinders and dismissals may be contested separately.

Minor Children as an Interested Party3

Section 65/A4
(1)5 If the court has decided to examine the child of minor age, as an interested party, in an action
relating to parental supervision, the third-party placement of a child or to the modification of
placement, a guardian ad litem shall be appointed to the child at that time in justified cases.
Moreover, the court may decide to hear the minor child without the parties or the parties_
representative being present.
(2) The court shall summon to appear a minor under the age of fourteen through his/her legal
representative, where such representative is held responsible to ascertain the minor_s appearance.
Where a minor over the age of fourteen is summoned to appear the court shall notify the legal
representative of the summons even if the legal representative is summoned as well.

Section 65/B6

(1) A minor shall be interviewed in the right climate, in a child-friendly manner. At the onset of
the interview, the minor - depending on his/her age and level of maturity - shall be asked to state
his/her name, place and date of birth, mother_s name and home address, and shall be advised to say
only the truth, as well as his/her right to refuse to make a statement or to answer certain questions.
The court, if having appointed a guardian ad litem for the minor, shall inform the minor on the role,
and on the rights and obligations of the guardian ad litem in the proceedings. Warnings and notices
shall be communicated in a manner adapted to the minor_s age and level maturity, in a
child-friendly manner.
(2) The minor shall be heard by the presiding judge. Prior to the hearing, the parties may submit
questions to be asked, also if the minor is interviewed in the absence of the parties. During the
hearing of the minor the guardian ad litem may submit questions to be asked. The presiding judge
may allow the guardian ad litem to examine the minor directly. The decision for permitting the
parties to submit questions or to ask them directly from the minor lies with the presiding judge.

1 Established by Section 5 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress as well.
2 Established by Subsection (2) of Section 5 of Act LX of 1995, effective as of 29 August 1995.
3 Enacted: by Section 18 of Act LXII of 2012. In force: as of 29. 06. 2012.
4 Enacted: by Section 18 of Act LXII of 2012. In force: as of 29. 06. 2012.
5 Established by Subsection (7) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
6 Enacted: by Section 18 of Act LXII of 2012. In force: as of 29. 06. 2012.
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(3) At the end of the hearing, the statement recorded in the minor_s presence shall be read, or if
the statement is made by way of sound recording, it shall be carried out in the minor_s presence.
Such recording, or the omission thereof shall be indicated in the statement. At the time of reading,
or when the recording is made the minor may modify his/her statement or may disclose additional
information. The statement may be supplemented and amended if so authorized by the presiding
judge relying on the comments of the guardian ad litem, or of the parties if the hearing takes place
in the presence of the parties. The request made by the guardian ad litem or by the parties therefor -
if rejected - shall be indicated in the statement.
(4) If the minor is interviewed in the absence of the parties, the presiding judge shall inform the
parties of the contents of the statement made on the hearing.

Appointment of an Advocate in Legal Proceedings1

Section 65/C2

(1) If an advocate is appointed by the guardian authority to the party, the advocate:
a) may attend together with the party all procedural steps carried out during the hearing, including
if held in camera, his absence, however, shall not preclude the implementation of procedural steps
and shall not prevent the hearing from going forward,
b) may consult with the party - without disturbing the hearing - before making a legal statement.
(2) The advocate shall have no authority to make any statement in the party_s stead, on his behalf.
(3) The court shall inform the party and the advocate, if present, of the provisions contained in
Subsections (1) and (2).
(4) The party advocated shall provide for the advocate_s participation in the proceedings; the
court shall not be liable to take any action in that regard.
(5) The advocate shall verify his entitlement to serve as an advocate by the guardian authority_s
resolution or by a certificate made out by the guardian authority for that purpose. The guardian
authority_s resolution or certificate shall be presented to the court before the first procedural step in
which the party and the advocate participates together.

CHAPTER V

Representation

Authorized Representatives

Section 66

(1) Unless otherwise provided for by law with respect to certain acts in litigation, an authorized
representative appointed by the party or by the party_s legal counsel may act in the party_s behalf.
(2) Where powers of attorney are granted to several persons, the party may be represented by
either of such authorized representatives, however, only one of them shall be allowed to proceed in
connection with a single specific act during the proceedings; any provision to the contrary shall be
null and void. If the statements and actions of the authorized representatives differ from each other,
it shall be treated by the court as if the statements and actions of the party had been different.

Section 673

(1) The following may function as authorized representatives:

1 Enacted by Subsection (8) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Subsection (8) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Established by Section 1 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
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a) the party_s relatives described in Subsection (2) of Section 13;

b) the party_s co-defendant or co-plaintiff, and the legal counsel or authorized representatives of
the co-defendant or co-plaintiff;
c) attorneys and law firms;
d) the heads and employees of administrative bodies and other budgetary agencies in actions
concerning the activities of the body, and employees in actions involving the head of the body in an
official capacity;
e) of the actions involving self-governments (and their bodies):
ea) in actions brought by municipal governments: any member of the representative body (general
meeting) of the municipality, mayors of communities and metropolitan areas, chairmen of the
county general assemblies, notaries (chief notaries) and staff members of mayor_s offices of
communities and metropolitan areas and of county general assemblies;
eb) in actions involving mayors of communities and metropolitan areas, chairmen of the county
general assemblies, directors of district offices in an official capacity: any member of the
representative body or general meeting of the municipality, notaries (chief notaries) and staff
members of mayor_s offices of communities and metropolitan areas, county general assemblies and
district offices;
ec) in actions involving notaries (chief notaries) in an official capacity: staff members of mayor_s
offices of communities and metropolitan areas, county general assemblies and district offices;
ed) in actions involving the bodies of municipal governments, and the heads of such bodies in an
official capacity: notaries (chief notaries), and staff members of mayor_s offices of communities
and metropolitan areas, county general assemblies and district offices;
ee)1 in actions involving nationality self-governments and their chief executives in an official
capacity: any member of the nationality self-government, the head and employee of the body of the
nationality self-government;
ef)2 in actions involving the bodies of nationality self-governments and the heads of these bodies
in an official capacity: any member of the nationality self-government, the head and employee of
the body of the nationality self-government;
f) trade unions in actions involving their own members, and in actions described in specific other
legislation;
g) interest representation organizations in actions involving their own members, the subject
matter of which may be utilized for the interest representation objectives set out in the
organization_s bylaws;
h) any authorized member or employee of a cooperative society in actions involving the
cooperative society;
i)3 employees of legal persons and other economic operators in actions involving the business
activities of their employers, the legal counsels (legal officers) of legal persons and other economic
operators in actions where so authorized under specific other legislation;
j) any person so authorized by specific other legislation.
(2) The legal counsels (legal officers) of legal persons and other economic operators shall have
the status of attorneys in actions.
(3)4 Articled clerks (legal officers) shall not be authorized to appear before the high court of
appeal and the Curia, with the exception set out in Section 119.
(4) Unless otherwise provided for by law, in proceedings governed by law legal representation is
not mandatory.

Section 68

The following may not function as authorized representatives:

a) any person under eighteen years of age;
b) any person who has been deprived of civil rights by final court ruling;
c) any person who has been placed under guardianship or conservatorship by final court ruling.

1 Amended: by paragraph (2) Section 183 of Act CLXXIX of 2011. In force: as of 1. 01. 2012.
2 Amended: by paragraph (2) Section 183 of Act CLXXIX of 2011. In force: as of 1. 01. 2012.
3 Amended by Paragraph e) of Subsection (38) of Section 85 of Act CCLII of 2013.
4 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
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Section 69

(1) The power of attorney shall be committed to writing or recorded in a report. If the power of
attorney is made out in writing, the authorized representative shall produce at the onset the original
power of attorney or a certified copy thereof to the court for the purpose of filing.
(2) If made out in writing the power of attorney shall be fixed in an authentic instrument or a
private document with full probative force (Sections 195 and 196). A power of attorney made out to
an attorney at law need not be witnessed if signed by the party himself; otherwise the provisions of
the relevant legislation shall apply.
(3) Where the power of attorney is made out abroad, it shall be fixed in an authentic instrument or
a certified private document. As to the recertification of such powers of attorney Paragraph b) of
Section 198 shall apply.
(4) The official Hungarian translation of a power of attorney made out in a foreign language shall
be provided only if deemed necessary by the court.
(5)1 Specific other legislation may provide otherwise with respect to the verification of the
powers of attorney made out to the legal counsels (legal officers) of economic operators.

Section 70
(1) A power of attorney may be provided for handling the litigation on the whole, or may be
limited to carrying out certain acts during the proceedings.
(2) Where the power of attorney applies to the entire proceedings, it shall cover all statements and
acts related to the litigation, including the bringing of a counterclaim under Section 147, protective
measures and enforcement procedures, as well as the actions brought in the course thereof,
moreover, in either of the aforementioned proceedings the collection of litigated moneys or rights in
rem, and the costs of the proceedings.
(3)2 The authorized attorney or law firm shall have the right to appoint another attorney or law
firm to act in his stead.
(4) Any limitation upon the right of representation shall be recognized to the extent implicitly
implied in the power of attorney.

Section 71

Where the power of attorney is extinguished by way of withdrawal or rescission, or upon the
death of the party, it shall take effect vis-à-vis the court upon the time of notification of the court,
and vis-à-vis the opposing party upon the notification of the opposing party.

Section 72
The court shall have powers to check of its own motion the credentials of authorized
representatives (Sections 67-69) during any stage of the proceedings.

Section 73

(1)3 Natural and legal persons may provide their legal counsels with general authorization for
overall representation in the litigation of cases (general power of attorney).
(2) A general power of attorney must be notified to the court for reasons of registration. A
registered general power of attorney shall be admissible at the court keeping such register instead of
having to make out a separate power of attorney for each action.
(3) Where the general power of attorney is withdrawn or cancelled, the court shall be notified
accordingly.

1 Enacted by Section 22 of Act VIII of 1957. Amended under Subsection (2) of Section 30 of Act LXVIII of 1992.
2 Established by Subsection (3) of Section 6 of Act LXVIII of 1992, effective as of 1 January 1993.
3 Established by Section 2 of Act XXX of 2008. Amended by Paragraph f) of Subsection (38) of Section 85 of Act CCLII of 2013.
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(4) Otherwise, the previous provisions on powers of attorney shall also apply to general powers of
attorney.

Mandatory Legal Representation1

Section 73/A2

(1) Legal representation is mandatory:

a)3 in proceedings before the high court of appeal for persons lodging an appeal against the
judgment or against rulings adopted in the substance of the case (cross-appeal), and in proceedings
before the Curia for persons lodging an appeal under Subsection (3) of Section 235 (cross-appeal)
or a petition for review (cross-petition for review);
b)4 in actions of the first instance before the general court, during all stages of the proceedings
(including redress procedures as well), with the exception of:
ba) the actions, from among the actions relating to rights in property under Paragraph a) of
Subsection (1) of Section 23, where the amount in dispute does not exceed thirty million forints,
bb)5 the actions defined in Paragraph b), Subparagraph ec) of Paragraph e), and Paragraphs f), g),
j), m) and o) of Subsection (1) of Section 23,
bc) the actions, from among the declaratory proceedings under Paragraph l) of Subsection (1) of
Section 23, where the amount in dispute - if condemnation may be requested - would not exceed
thirty million forints;
c) in all other cases prescribed by law.
(2) Paragraph b) of Subsection (1) shall apply in non-judicial proceedings only where so
prescribed by specific other legislation.

Section 73/B6

(1) Where legal representation is prescribed mandatory, any action or statement made by a party
without legal counsel during the proceedings shall be null and void, except for the cases covered by
Subsection (2), or if legal representation with respect to certain acts made in litigation is precluded
by law. The party shall be duly notified thereof, and also of the availability of the appointment of a
public defender, if legal representation
a) is prescribed mandatory in redress procedures, in the resolution that can be contested by the
redress procedure, together with the information on the possibility for lodging a cross-appeal
(cross-petition for review);
b) is prescribed mandatory for the plaintiff in the procedure in the first instance, within the
framework of subsequent disclosure;
c) is prescribed mandatory for the defendant, at the time of delivery of the statement of claim,
by the court to the extent necessary, except if proceeding in accordance with Paragraph b) of
Subsection (2).
(2) Where a party has no legal counsel, a claim (counterclaim) - specified in Section 73/A -
submitted by this party shall not be considered null and void if:
a) it pertains to requesting the appointment of a public defender; or
b) the court is liable to refuse the request for other reasons, other than the case covered by
Subsection (4).
(3) In the case covered by Paragraph a) of Subsection (2), the court shall advise the party having
presented a petition under Section 73/A to obtain legal representation within thirty days, if it did not
refuse the petition according to Paragraph b) of Subsection (2).

1 Enacted by Section 7 of Act LX of 1995, effective as of 29 August 1995.

2 Established by Section 3 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
3 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
4 Established: by Section 103 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011. Amended: by subparagraph e) Section 204 of
Act CLXI of 2011. In force: as of 1. 01. 2012.
5 Amended: by paragraph (15) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
6 Established by Section 3 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
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(4) Where the party lodging an appeal is required to have legal counsel in the redress procedure,
and the party lodging the appeal has no legal counsel - not including the cases covered by
Subsections (2) and (3) -, or if he fails to obtain legal representation in place of a previous one that
was terminated in spite of being notified to do so, the court shall dismiss the appeal of its own
motion.
(5) If the plaintiff is required to have legal counsel, and Subsections (2)-(4) shall not apply, the
court shall advise the plaintiff with no legal counsel in the process of examination of the statement
of claim to remedy the discrepancy (Section 95), or if the plaintiff fails to obtain legal
representation in place of a previous one that was terminated in spite of being notified to do so, the
court shall dismiss the case [Paragraph i) of Section 157].
(6) If the defendant is required to have legal counsel, and Subsections (2)-(4) shall not apply, any
statement made by the defendant with no legal counsel shall be null and void, and the defendant
shall be treated as someone who makes no statements whatsoever.
(7)1 As regards the decision as to whether legal representation is prescribed mandatory on account
of the amount in dispute, the provisions of Section 27 pertaining to determining the competence of a
court shall apply.
(8)2 Where Paragraph c) of Subsection (1) applies, the court shall instruct the defendant to obtain
legal counsel, indicating also the consequences if the proceedings are carried out in the absence of a
legal counsel.
Section 73/C3

(1) For the purposes of Section 73/A the following shall be considered as legal representatives:
a) attorneys (law firms);
b) the legal counsel defined in Paragraph i) of Subsection (1) of Section 67;
c) persons specified in specific other legislation (e.g. patent agents).
(2) For the purposes of Section 73/A the following shall also be recognized as legal
representatives, unless otherwise provided for by law:
a)4 the legal representatives of natural and legal persons;
b) according to Paragraphs a), b), d), e) and h) of Subsection (1) of Section 67, the persons
mentioned therein;
c) according to Paragraph i) of Subsection (1) of Section 67, the employees of legal persons and
other economic operators; and
d) any person empowered to function as authorized representatives by specific other legislation;
provided that these persons have a law degree.
(3) Where legal representation is prescribed mandatory, unless an exemption is provided by law,
persons having a law degree may proceed in their own cases without legal representation, in which
case he shall be recognized as being represented by legal counsel.
(4) In the application of Subsection (2) the authorized representative, and in the application of
Subsection (3) the party having a law degree shall produce the bar examination certificate (or a
certified copy thereof) to the court, or shall attach it with the submission at the onset of the stage of
proceedings [Subsection (1) of Section 69] when legal representation is prescribed mandatory for
the party. If the bar examination certificate was presented to the court, it shall suffice to have this
entered in the records, and it shall not be attached to the documents of the case. These provisions
shall also apply if the authorized representative (or the party) was relieved by law from having to
take the bar examination, or has a degree recognized as the equivalent of a bar examination; in this
case a document in proof of the exemption (or of having passed the equivalent examination) shall
be presented to the court.
(5) With the exception set out in Section 119, articled clerks (legal officers) shall not be
authorized to appear before the court as legal counsels on behalf of a party who is required to have
legal representation.

1 Enacted: by Section 104 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.

2 Enacted: by Section 104 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
3 Established by Section 3 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
4 Amended by Paragraph f) of Subsection (38) of Section 85 of Act CCLII of 2013.
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Legal Status of Guardians Ad Litem

Section 741

Where a party who is lacking legal capacity or a legal person has no legal representative, or a
party whose whereabouts are unknown has no authorized representative, the court shall appoint a
guardian ad litem to such party. Guardians ad litem - unless otherwise provided for by law - shall be
subject to the provisions governing the legal status of persons authorized to argue the case, with the
exception that guardians ad litem shall not be allowed to collect litigated moneys or rights in rem
without the court_s consent, and may conclude settlements, or recognize or waive any disputed
right only if this serves to protect the party he represents from imminent damage.

CHAPTER VI

Court Costs

The Concept of Court Costs

Section 75

(1)2 Court costs - apart from the exceptions specified by law - shall mean all reasonable expenses
involved in litigating an action in good faith before or outside the court (costs of preliminary
inquiries and correspondence, procedural fees, witness fees, expert fees, the fees of guardians ad
litem and interpreters, the cost of remote hearings and inspections, etc.).
(2)3 Court costs shall also cover the expenses and fees of attorneys, legal counsels and patent
agents providing representation to the parties.
(2a)4 In the case of compulsory mediation proceedings, court costs shall also cover - at the
party_s request - the expenses and fees of the mediator, and the party_s expenses incurred in the
course of and in connection with the mediation proceedings.
(3)5 If the authorized representative of a party is other than an attorney, or if the party proceeds in
person, such authorized representative and the party shall not be entitled to any remuneration,
however, they are entitled to reimbursement for travel expenses, as well as compensation for any
loss of income resulting from having to appear before the court. Reimbursement for travel expenses
shall be provided according to Section 186. The same applies to parties represented by an
authorized representative if they were summoned to appear before the court in person.
(4)6 The expenses of the advocate shall be covered in accordance with Subsection (3).

Prepayment of Costs

Section 76

1 Former last sentence repealed by Subsection (1) of Section 31 of Act LX of 1995, effective as of 29 August 1995.
2 Amended by Subsection (1) of Section 31 of Act LX of 1995.
3 Established by Section 13 of Act LXXII of 1997, effective as of 1 January 1998. Applies to proceedings opened after the time of
entry into force. See also Subsection (2) of Section 34 of Act LXXII of 1997.
4 Enacted by Subsection (9) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
5 Established by Section 21 of Act VI of 1954, effective as of 1 August 1954.
6 Established by Subsection (10) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(1)1 The costs for the performance of taking of evidence (witness fees, expert fees, the fees of
interpreters, the cost of remote hearings and inspections, etc.) shall be advanced by the party
adducing evidence (Section 164), the court, however, may exceptionally order the opposing party to
advance the costs for the performance of taking of evidence in full or in part where deemed
justified. The court shall adopt a decision concerning prepayments at the time of occurrence of the
costs, however, where there is reason to believe that the costs will be substantial beforehand, or if
so justified by other reasons, the court may order the party affected to deposit the sum required with
the court. Where an expert has been appointed the court shall order to have the sum estimated to
cover the expert_s fee deposited.
(2)2 Prepayment for the expenses and the fee of a guardian ad litem appointed shall be demanded
from the party who requested the appointment of the guardian ad litem, or whose actions during the
proceedings prompted the appointment. It shall suffice to order the party affected to provide an
advance payment for covering the expenses of the guardian ad litem on an ad hoc basis, or for the
fee of the guardian ad litem on general principle in the resolution passed in conclusion of the
proceedings; however, if necessary, the court may adopt a separate decision ordering the party to
advance the fee of the guardian ad litem. If the court orders the party required to provide advance
payments to bear the costs as well, including the fee of the guardian ad litem, a separate resolution
is not required for advancing the fee of the guardian ad litem.
(3) Apart from the exception set out in Subsection (2), the party may not be compelled to advance
the costs of the actions of the opposing party, including the costs of representation.
(4)3 The public prosecutor_s office and the organizations so authorized under specific other
legislation may not be required to advance any costs, in their case the provisions on the
authorization of exemption from costs shall apply.

Bearing of Court Costs

Section 77

The court shall decide as to the bearing of court costs in its judgment or other decision delivered
in conclusion of the proceedings. If, however, on the strength of law a witness, an expert or any
non-litigant person is to be held liable for the costs of certain acts during the proceedings, the court
shall forthwith order such person to cover the said costs. The court may follow the same procedure
where the costs of certain acts during the proceedings are to be covered by either of the parties
irrespective of the outcome of the proceedings.

Section 78

(1) The expenses of the successful party shall be covered by the losing party. Any exception from
this provision shall apply to the extent of the derogations set out in Sections 80-83, or if any other
provision of law expressly confers liability for the bearing of costs upon others irrespective of the
outcome of the proceedings.
(2)4 The court shall ex officio decide as to the bearing of court costs, except if the successful party
asked not to adopt a decision concerning the bearing of court costs. In connection with settlements
(Section 148) the court shall deliver a decision concerning the bearing of court costs when so
requested by the parties. These provisions shall not apply to sums unpaid due to exemption from
costs, exemption from duties or based on the right for the suspension of payment of duty, to costs
advanced by the State, and to the requirement for covering the public defender_s fees.
(3)5 If the court dismissed the action brought by the public prosecutor or a person or body so
authorized by specific other legislation, the State shall be required to cover the court costs.

1 Last sentence enacted by Section 8 of Act LX of 1995, effective as of 29 August 1995.

2 Second sentence established by Section 25 of Act VIII of 1957, effective as of 1 March 1958.
3 Enacted by Section 22 of Act VI of 1954. Amended by Subsection (1) of Section 29 of Act LX of 1995.
4 Established by Section 85 of Act LXXV of 2009, effective as of 1 October 2009. See Subsection (6) of Section 140 of Act LXXV
of 2009.
5 Enacted by Section 23 of Act VI of 1954. Amended by Subsection (3) of Section 21 of Act CXXX of 2005.
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(4)1 The costs of interpreters employed under Section 6 shall be advanced and borne by the State.
(4a)2 The costs of translation required under Section 6 shall be advanced by the State on behalf of
the party entitled to use his/her native language, or the language of his/her region or nationality, and
- with the exception set out in Subsection (4b) - it shall be born according to the general provisions
on the bearing of court costs.
(4b)3 In the cases provided for in Section 6, the costs of translation of court decisions and requests
shall be born by the State.
(5)4 The parties may not be required to cover any costs that may have occurred for - otherwise
avoidable - reasons within the court_s control. These costs shall be covered by the State as
described in specific other legislation.

Section 79

(1) The court shall determine the amount of court costs taking into consideration the information
the party has provided and verified to the extent necessary. The court costs awarded to the party
may not exceed the amount actually charged. If the party did not charge or verify the costs, the
court shall determine the amount of court costs of its own motion in light of other data and
information from the proceedings.
(2) No costs may be charged subsequently.
Section 80

(1) If the defendant gave no reason to open litigation and if he acknowledges the claim in the first
hearing, the plaintiff shall be ordered to cover the costs of the defendant.
(2) Where a party fails in carrying out certain acts during the proceedings, or falls in delay with
certain acts without justification, or fails to meet a deadline or time limit, or causes unnecessary
expenses in any other way, such party may not claim any reimbursement for the expenses resulting
therefrom even if he succeeds in the litigation, or may be ordered to cover the costs of the opposing
party resulting therefrom irrespective of the outcome of the litigation.
(3)5 Where either of the parties to a mediation proceedings brings the case before the court in
spite of having reached an agreement for the settlement of the dispute, the party bringing the action
may be ordered to cover all costs of the proceedings irrespective of its outcome. The general
provisions on the bearing of court costs shall apply if the plaintiff brings action solely for reasons of
non-compliance with the agreement aforementioned.
(4)6 Where any of the parties to mediation proceedings brings the case before the court in spite of
having reached an agreement, such party may be ordered - irrespective of the outcome of the
litigation - to compensate the other party for the costs he has covered in the mediation proceedings
(mediator_s fees and justified expenses, expert_s fees and expenses). The general provisions on the
bearing of court costs shall apply in actions brought for non-compliance with the agreement,
however, the court may nevertheless order the party in default to cover the costs of the party
incurred in the mediation proceedings.
(4a)7 The court may - irrespective of the outcome of the proceedings - order the party to cover the
other party_s expenses necessarily incurred in participating in mediation proceedings, if the
agreement reached in compulsory mediation proceedings is considered legitimate, however, the
party fails to agree on a settlement nonetheless. If the agreement reached in compulsory mediation
proceedings is not considered legitimate, and in the absence of a settlement the litigation shall
continue on the merits, the parties shall cover the costs of mediation proceedings, to be enforced as
court costs, in equal shares.

1 Enacted by Section 14 of Act CX of 1999, effective as of 1 January 2002.

2 Enacted by Subsection (11) of Section 85 of Act CCLII of 2013, effective as of 1 January 2014.
3 Enacted by Subsection (11) of Section 85 of Act CCLII of 2013, effective as of 1 January 2014.
4 Enacted by Section 14 of Act CX of 1999, effective as of 1 January 2002.
5 Enacted by Subsection (1) of Section 41 of Act LV of 2002, effective as of 17 March 2003.
6 Enacted by Section 4 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
7 Enacted by Subsection (12) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(4b)1 In the case of compulsory mediation, the party may be ordered irrespective of the outcome
of the proceedings to cover the adverse party_s court costs, if the adverse party is able to verify that
he initiated the mediation or that he/she participated in the first mediation hearing, and requesting
the mediator or the first mediation hearing failed due to reasons within the party_s control. The
burden of proof to refute actionable conduct lies with the party in default.
(5)2 The provisions contained in Subsections (3) and (4) shall also apply where either of the
parties to a settlement agreement arranged by the arbitration board by way of a resolution under the
Consumer Protection Act relating to a consumer dispute brings the case to court, not including the
proceedings for having an enforcement clause affixed on the resolution due to non-compliance with
the settlement.
(6)3 The court, upon weighing all applicable circumstances of the case, may order the defendant,
if an economic operator with legal personality, to cover all costs of the proceedings, or part of the
costs which are to be borne by the plaintiff, if the defendant failed to discharge the obligation set
out in Subsection (1) of Section 121/A without due cause.

Section 81

(1) If each party succeeds on some and fails on other heads, the court shall decide on court costs
in proportion to the degree of success and in consideration of the sums advanced by the parties. If
the difference between the ratio of success and losing, and between the sums advanced is
insignificant, the court shall order that the parties bear their own costs.
(2) In connection with actions for damages, or for any claim where the court has discretion to
determine the amount to be awarded, the opposing party may be ordered to pay the court costs in
the amount equivalent to the damages awarded, if it is recognized that the court_s judgment is for
an amount less than what is claimed, however, the amount claimed shall not be considered
manifestly overrated.

Section 82

(1) The co-defendants covered by Paragraph a) of Section 51 shall be jointly and severally liable
for the court costs.
(2)4 Other co-defendants shall be ordered to share the court costs equally, however, in the event
of any major difference in the level of interest among the joined parties the court costs shall be
shared in proportion to their respective interests. Any costs arising solely in connection with the
acts carried by one of the parties during the proceedings shall not be covered by the other parties.
(3)5 From among the public prosecutor_s office or a person or body authorized by specific other
legislation to bring or partake in the action and the beneficiary of the claim awarded the court costs
shall be paid to the party that has in fact incurred the costs when they arose. In the event of losing,
on general principle the costs shall be covered by the party who brought the action. However, if the
acts carried out by the person who brought the action and by the beneficiary of the claim awarded
did not coincide, the costs shall be covered by the party whose actions during the proceedings
caused such costs to arise.

Section 83

1 Enacted by Subsection (12) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Section 4 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
3 Established by Section 105 of Act CLXXXIII of 2010. Amended by Point 9 of Subsection (37) of Section 85 of Act CCLII of
2013.
4 Numbering changed from Subsection (3) to Subsection (2), and the former Subsection (2) repealed by Subsection (2) of Section
27 of Act VIII of 1957.
5 Enacted by Subsection (1) of Section 27 of Act VIII of 1957. Amended by Subsection (1) of Section 174 of Act CX of 1999, and
by Subsection (3) of Section 21 of Act CXXX of 2005.
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(1)1 If the party on whose behalf the intervener entered the action is successful, the opposing
party shall be ordered to cover the costs of the intervener as well. If the party on whose behalf the
intervener entered the action is not successful, the intervener shall be ordered to cover the costs of
opposing party arising in connection with the intervention; if, however, the judgment delivered in
the case applies to the intervener_s relationship with the opposing party as well, the intervener shall
be ordered jointly and severally with the party on whose behalf he has entered the action to cover
all costs of the opposing party. If the intervention is disallowed, the intervener shall be ordered to
cover all costs incurred by the parties who opposed the intervention.
(2) If the third party did not accept the interpleader, or if his joining the interpleading party or the
case itself is not allowed, the interpleading party shall be ordered to cover the costs incurred by the
opposing party through the interpleader. If the third party joins the interpleading party as an
intervener, Subsection (1) of this Section shall apply.
(3) The provisions of Subsections (1) and (2) shall also apply in connection with joining the
action - whether on own motion or otherwise - under Sections 61-64, including interpleaders; if the
predecessor is dismissed from the action, the predecessor shall be ordered to cover the court costs
under joint and several liability with the successor.
(4) The provisions contained in Sections 77-81 shall also apply to the cases covered by this
Section.
Exemption From Costs or Expenses 2

Section 843

(1)4 Where the party is a natural person (including the intervener) who is unable to cover the
court costs as a result of his income and financial situation, he shall be given - upon request -
complete or partial exemption from costs or expenses.5 Exemption from costs or expenses shall
mean the following allowances:
a) exemption from duties;
b) exemption from having to provide an advance for the costs arising during the proceedings
(witness fees, expert fees, the fees of guardians ad litem and interpreters, public defender_s fees,
cost of remote hearings and inspections, etc.) and - unless this Act provides otherwise - from the
payment of such costs;
c) exemption from the requirement to provide security for court costs;
d) authorization of the appointment of a public defender, where permitted by law.
(2) No exemption from costs or expenses shall be authorized where precluded by specific other
legislation. A party may be granted complete exemption from costs exceptionally and only if the
foreseeable amount of court costs makes it impossible for such party to assert his rights in the court.
(3) Complete exemption from costs applies to all costs mentioned in Subsection (1), and partial
exemption from costs applies to a certain percentage of costs, or to specific cost items. Where a
party is granted partial exemption from costs, the right for the suspension of payment of costs
excluded from the scope of exemption shall also be granted.
(4) The costs referred to in Paragraph b) of Subsection (1), for which no advance payment is
required as part of the exemption from costs, shall be advanced by the State, except for the fee of
the guardian ad litem. The losing party shall be ordered to pay the fee of the guardian ad litem -
taking into consideration the general provisions on the bearing of court costs and irrespective of
whether the exemption from costs is complete or partial -, also if he was granted exemption from
costs.

1 Amended: by Section 10 of Act LXIX of 2013. In force: as of 1. 06. 2013. The amendement of the paragraph was not possibble.
2 Established by Subsection (3) of Section 14 of Act CLI of 2007, effective as of 1 January 2008. Applies to cases opened
subsequently, as well as to cases in progress on 1 January 2008, where the need for exemption from court costs or for the
appointment of a public defender emerged after that time.
3 Established by Subsection (3) of Section 14 of Act CLI of 2007, effective as of 1 January 2008. Applies to cases opened
subsequently, as well as to cases in progress on 1 January 2008, where the need for exemption from court costs or for the
appointment of a public defender emerged after that time.
4 Amended by Subsection (3) of Section 64 of Act XXX of 2008. Applies to cases opened subsequently.
5 See Section 5 of Decree No. 6/2008 (III. 1.) IRM.
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Section 85

(1) A person whose support is required to be provided by his/her parents, or who lives together
with his/her spouse may only be granted exemption from costs, if the conditions thereof exist both
in respect to such person and to the persons living together with him. This provision shall not apply
to actions pending between the party and his parents and/or spouse.
(2)1 If the court ex officio rejects the petition for the opening of proceedings without the issue of a
subpoena, or without investigation in merito in non-contentious proceedings,
a) exemption from costs shall not be permitted, and
b) the reduced duty paid up may not be deducted from the procedural duty payable if the petition
is resubmitted under Section 132.
(3) A party whose litigation appears in bad faith or is likely to fail, may not be granted exemption
from costs, even if such person acts as an assignee, and it is reasonably assumed that the aim of
assignment was to render litigation with the benefit of exemption from costs possible.
(4)2 The benefit of litigation under exemption from costs may be granted to foreign nationals only
by virtue of an international convention signed by the State of Hungary, or in the event of
reciprocity. As to whether reciprocity applies shall be determined by the minister in charge of the
judicial system.
(5)3 Nationals of any Member State of the European Union and the nationals of any non-EU
country lawfully residing in the territory of the European Union shall be entitled to exemption from
costs under the conditions applicable to Hungarian citizens; these persons, as well as legal persons
and organizations established in any Member State of the European Union shall not be required to
provide security for court costs. Exemption from expenses in this case applies to the costs of
commuting to the venue of the hearing, if the party is required to appear on the strength of law.
(6)4 If the person indicated in Subsection (5) submitted his application for exemption from costs
using the standard form specified in Article 16 of Council Directive 2003/8/EC of 27 January 2003
to improve access to justice in cross-border disputes by establishing minimum common rules
relating to legal aid for such disputes, in the manner prescribed therein, and the application covers
the appointment of a public defender as well, the court shall forward a copy of the application to the
legal assistance service described in specific other legislation, with an official copy of the final
decision it has adopted concerning the application for exemption from costs.

Section 85/A5

(1) In actions brought in accordance with specific other legislation the party (intervener) shall be
entitled to the right for the suspension of payment of costs irrespective of his income and financial
situation and the conditions set out in Subsections (1)-(3) of Section 85 (right for the suspension of
payment of specific costs).
(2) Where the right for the suspension of payment of specific costs applies:
a) the State shall advance the costs covered by Paragraph b) of Subsection (1) of Section 84,
except for the ones that the party is required to advance even under the right for the suspension of
payment of specific costs;
b) the party shall have the right for the suspension of payment of duty.

1 Established: by Section 252 of Act CC of 2013. In force: as of 1. 01. 2014.

2 Established by Subsection (1) of Section 87 of Act LXXX of 2003. Amended by Paragraph a) of Subsection (3) of Section 167 of
Act CIX of 2006. Former second sentence repealed by Subsection (4) of Section 22 of Act CLI of 2007, effective as of 1
January 2008.
3 Enacted by Subsection (1) of Section 87 of Act LXXX of 2003. First sentence established by Subsection (4) of Section 14 of Act
CLI of 2007, effective as of 1 January 2008. Applies to cases opened subsequently, as well as to cases in progress on 1
January 2008, where the need for exemption from court costs or for the appointment of a public defender emerged after that
time.
4 Established by Section 86 of Act LXXV of 2009, effective as of 1 October 2009. See Subsection (6) of Section 140 of Act LXXV
of 2009.
5 Enacted by Subsection (5) of Section 14 of Act CLI of 2007, effective as of 1 January 2008. Applies to cases opened
subsequently, as well as to cases in progress on 1 January 2008, where the need for exemption from court costs or for the
appointment of a public defender emerged after that time.
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(3) Foreign nationals shall be entitled to the right for the suspension of payment of specific costs
also in the absence of an international agreement or reciprocity, however, exemption from security
for court costs shall be available to foreign nationals - other than the party mentioned in Subsection
(5) of Section 85 - where so permitted by international agreement or reciprocity. As to whether
reciprocity applies shall be determined by the minister in charge of the judicial system.
(4) Where in the case of right for the suspension of payment of specific costs the court orders the
party to pay court costs, the party shall pay the costs advanced by the State, as well as suspended
duties to the State.
(5) Where the law of another state affords benefits to a Hungarian party in excess of the right for
the suspension of payment of specific costs before the foreign court, these more beneficial rules
shall apply in any litigation before a Hungarian court in which a national of that foreign state is
involved.

Section 86

(1)1 Exemption from costs is granted by the court upon request, and the court shall have
competence for the withdrawal of exemption from costs as well.
(2)2 Exemption from costs, exemption from duties and the right for the suspension of payment of
duty shall apply - unless otherwise prescribed by law - throughout the entire duration of litigation
from the time of submission of the application, and shall cover the enforcement procedure as well.
Exemption from costs or the exemption from duties shall not apply to duties unpaid during
enforcement procedures, nor to costs advanced by the State.
(3)3 Exemption from costs, exemption from duties and right for the suspension of payment of
duty shall have no bearing on the obligation to provide compensation for court costs awarded to the
opposing party, as well as the duties paid and cost prepayments provided by the parties during
enforcement procedures (enforcement costs).
(4)4 The provisions contained in Subsections (2) and (3) shall also apply to the right for the
suspension of payment of specific costs.

Section 875

(1)6 The appointment of a public defender shall be authorized by the legal assistance service.
(2)7 In its decision on the bearing of court costs the court shall also decide as to which party is
liable to pay the public defender_s fee, without specifying the amount, while indicating the
percentage for sharing court costs. The court of the first instance shall inform the legal assistance
service concerning the final decision within eight days, and shall include the following particulars
with the notice:
a) the name of the parties;
b) subject matter of the action;
c) the amount in dispute, if available;
d) sharing of success among the parties; and
e) an indication of the party liable to cover the public defender_s fee (name, home address,
mother_s name, date of birth, or - if a body - corporate name, registered address, name of
registration body, registration number).

1 Established by Section 26 of Act VI of 1954, effective as of 1 August 1954.

2 Established by Section 30 of Act VIII of 1957, effective as of 1 March 1958.
3 Established by Section 30 of Act VIII of 1957, effective as of 1 March 1958.
4 Enacted by Subsection (6) of Section 14 of Act CLI of 2007, effective as of 1 January 2008. Applies to cases opened
subsequently, as well as to cases in progress on 1 January 2008, where the need for exemption from court costs or for the
appointment of a public defender emerged after that time.
5 Established by Subsection (7) of Section 14 of Act CLI of 2007, effective as of 1 January 2008. Applies to cases opened
subsequently, as well as to cases in progress on 1 January 2008, where the need for exemption from court costs or for the
appointment of a public defender emerged after that time.
6 Established by Section 87 of Act LXXV of 2009, effective as of 1 October 2009. See Subsection (6) of Section 140 of Act LXXV
of 2009.
7 Established by Section 87 of Act LXXV of 2009, effective as of 1 October 2009. See Subsection (6) of Section 140 of Act LXXV
of 2009.
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(3) The public defender may demand his fees directly from the opposing party liable to cover the
court costs, whereas the losing opposing party shall be required to pay the public defender_s fee
advanced by the State directly to the State.

Section 881

Security for Court Costs

Section 89

(1) Nonresident plaintiffs are required to provide security - when so requested by the defendant -
for covering the costs arising out of the litigation, except if:
a) otherwise provided for by international treaty to which the Hungarian State is a party, or unless
the principle of reciprocity suggests otherwise;
b) the plaintiff_s claim recognized by the defendant provides sufficient cover; or
c) the court granted complete exemption from costs to the plaintiff (Section 84).
(2)2 As to whether reciprocity applies shall be determined by the minister in charge of the judicial
system.

Section 90

(1) The amount of security shall be determined by the court taking into account the amount of
foreseeable costs and the amount of claim acknowledged by the defendant, and the court shall have
powers to revise this amount as deemed necessary.
(2) Unless otherwise agreed by the parties, the security shall be deposited in cash.

Section 91

Where the reason for giving security ceases in the course of litigation, the security shall be
returned at the plaintiff_s request - after hearing the defendant -, or the plaintiff shall be relieved
from the requirement to provide security; this provision shall also apply to reducing the amount of
security.

Section 92

As regards the amount of security no appeal may be submitted; otherwise the decisions adopted
under Sections 89-91 may be contested separately.
CHAPTER VII

Miscellaneous General Provisions

Submissions

Section 93

(1) The submission shall indicate the court to which it is addressed, the names and home
addresses of the parties and the subject matter of the action, and in actions in progress the case
number as well.

1 Repealed by Subsection (4) of Section 22 of Act CLI of 2007, effective as of 1 January 2008.
2 Amended by Paragraph a) of Subsection (3) of Section 167 of Act CIX of 2006.
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(2) The submission shall be submitted to the court hearing the case in as many copies as there are
parties to the action, plus one; where several parties are represented by a single counsel (authorized
representative), such parties shall receive one copy. Copies of enclosures to the submission shall be
provided with all copies of the submission.
(3) If represented by an attorney, the attorney shall sign each copy of the submission; otherwise
the first copy of the submission shall be completed according to Section 196.

Section 94

(1)1 The party, if not represented by an attorney, shall be entitled to state for the records his claim
and his preliminary petition preceding the opening of litigation at any district court or the general
court of jurisdiction to hear the case in question. In such cases the party shall given guidance and
shall be advised of any discrepancies (Section 95) promptly; if the party fails to remedy such
discrepancies upon receipt of notice, the claim or the petition shall be committed to the records.
(2) The provisions of Section 93 shall apply to the records.
(3) If the court that received the claim (petition) has no jurisdiction to hear the case, the case shall
be transferred to the court of competent jurisdiction.
(4)2 In cases pending oral request may be committed to the records - unless otherwise provided
for by law - before the court of litigation, or the district court of jurisdiction by reference to the
place where the party_s home address or employment is located; the provisions of the previous
Subsections shall apply in these cases as well.

Subsequent Compliance

Section 95

(1)3 The court shall examine the submission within thirty days of receipt at the latest, and shall
proceed accordingly.
(2)4 If a submission fails to comply with the provisions of the relevant legislation, or if additional
information or any correction is required for other reasons, the presiding judge shall return the
submission to the party for remedying the said discrepancies within the short time limit prescribed,
and shall advise the party that the court will reject the submission if failing to meet these
requirements when resubmitted, or that it will process the submission as submitted.
(3)5 The party liable for the duty payable shall not be entitled to the right for the suspension of
payment of duty or to exemption from duties, and if this party fails to pay the duty in full, he shall
be advised to do so and shall simultaneously be notified that in the event of non-compliance with
the obligation for the payment of duty in full when resubmitted the court will reject the submission.
(4)6 The presiding judge may order the party if a local resident to appear in person for remedying
the discrepancies of his submissions.
(5)7 If the party is able to remedy the discrepancies of his submission within the prescribed time
limit, the submission shall be treated as if it was submitted without discrepancies originally.

Summons

1 Second and third sentences established by Section 31 of Act VIII of 1957, effective as of 1 March 1958. Amended: by
subparagraph l) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph d) paragraph (14)
Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
2 Established by Section 28 of Act VI of 1954, effective as of 1 August 1954. Amended: by subparagraph a) paragraph (14)
Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
3 Enacted by Section 15 of Act CX of 1999, effective as of 1 January 2000. The provision concerning the time limit shall only
apply to the cases opened after 1 January 2003.
4 Numbering modified by Section 15 of Act CX of 1999.
5 Enacted by Subsection (1) of Section 32 of Act VIII of 1957. Numbering modified by Section 15 of Act CX of 1999.
6 Numbering modified by Subsection (2) of Section 32 of Act VIII of 1957, and by Section 15 of Act CX of 1999.
7 Numbering modified by Subsection (2) of Section 32 of Act VIII of 1957, and by Section 15 of Act CX of 1999.
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Section 96

(1) The writ of summons shall indicate the name of the acting court and the case number, the
name of the parties and their status in the action, the subject matter of the action, and the time and
venue of the hearing (examination).
(2)1 The writ of summons shall contain a warning for the person summoned of the consequences
for failing to appear, as well as any other information that may be necessary as to his status in the
litigation. The warning and the information contained in the writ of summons sent to a minor shall
be phrased in a manner adapted to the minor_s age and level maturity, in a child-friendly manner.
The authorized representative shall be summoned also in the case where the court summoned the
party or his legal representative to appear in person.
(3)2 In case of urgency, writs of summons may be served at short notice (by phone, verbally at the
hearing, or by means of electronic mail or by a process server). This type of service of the writ of
summons shall be indicated in the relevant documents.
(4)3 In connection with actions concerning child support, settlement of parental custody or the
third-party placement of a child, claims relating to birth, and other actions for the establishment of
fatherhood and origin, if the whereabouts or the habitual residence of the defendant, the mother
and/or the child is not known, the court may order a search for the defendant, the mother and/or the
child.
(5)4 The court shall transmit its ruling on ordering a search for the defendant, the mother and/or
the child to the local police station.
(6)5 If the reason for ordering the search for the defendant, the mother and/or the child no longer
exists, the court shall forthwith notify the local police station and shall enclose a copy of its ruling
therefor.

Service of Process

Section 97

If the party has an authorized representative for handling the case, judicial documents shall be
delivered to the authorized representative instead of the party. This provision shall not apply to
writs of summons ordering the party or the party_s legal representative to appear in person.

Section 986

If the attempt to deliver a document failed due to the addressee_s death or dissolution, or because
the addressee cannot be located at the address notified or moved to a place unknown, the parties
affected shall be notified thereof.
Section 997

(1) Unless otherwise provided for by the relevant legislation, judicial documents shall be served
by way of the postal service provider. Service shall be implemented in accordance with the
provisions on the service of official documents.

1 Established: by Section 19 of Act LXII of 2012. In force: as of 1. 09. 2012.

2 Enacted by Subsection (2) of Section 16 of Law-Decree No. 26 of 1972. First sentence established by Section 6 of Act XLVIII
of 2005, effective as of 1 January 2006.
3 Established by Section 40 of Act XVIII of 2001. Amended by Point 10 of Subsection (37) of Section 85 of Act CCLII of 2013.
4 Enacted by Section 41 of Act XVIII of 2001, effective as of 1 November 2001.
5 Enacted by Section 41 of Act XVIII of 2001, effective as of 1 November 2001.
6 Amended by Paragraph a) of Subsection (8) of Section 18 of Act LXXI of 2015.
7 Established by Section 1 of Act LXV of 2004, effective as of 15 July 2004. As regards application see Paragraph a) of
Subsection (2) of Section 17 of Act LXV of 2004.
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(2) Judicial documents served by way of the postal service shall be considered served on the day
of attempted delivery if the addressee refused to accept it. If service failed because the addressee
refused to accept the document (it was returned to the court marked _unclaimed"), the document
shall be considered served on the fifth working day following the day of the second attempted
postal delivery in the absence of proof to the contrary.
(3) The court shall declare a document served as per Subsection (2) if the document in question
was served to a substitute recipient, and this substitute recipient was the opposing party.
(4)1 In connection with the service of a statement of claim or a decision delivered in conclusion of
the proceedings the court shall notify the parties concerning the presumption of service within eight
working days. The notice shall have enclosed the official document underlying the court_s
declaration of service of process. In the notice - if it pertains to a statement of claim - the court shall
inform the party as to what is contained in Section 128.
(5) The addressee may collect a document that was addressed to him in the court offices, subject
to positive proof of identification.

Challenging the Presumption of Service 2

Section 99/A3
(1) As regards the presumption of service under Subsection (2) of Section 99, the addressee may
lodge a petition for challenging the presumption of service on the grounds referred to in Subsection
(3) within fifteen days of gaining knowledge of the effective date of service of process at the court
hearing the case to which the service pertains. No petition may be submitted after six month have
elapsed from the effective date of the presumption of service, subject to the exceptions set out in
Subsection (2) of this Section and in Section 99/B. No application for continuation may be
submitted upon failure to meet this deadline.
(2) If the effect of the presumption of service is connected to the service of the document opening
the proceedings, the party may submit the petition in the course of the proceedings within fifteen
days of gaining knowledge of the effective date of service of process.
(3) A petition for challenging the presumption of service may be submitted alleging that the
petitioner was unable to accept the official document through no fault of his own:
a) stating that service was carried out in violation of the provisions of specific other legislation on
the service of official documents, or it was illegitimate for other reasons, or
b) stating that he was unable to collect the document for reasons not covered by Paragraph a) (e.g.
for being unaware of the attempted service for reasons beyond his control).
(4)4 For the reason referred to in Paragraph b) of Subsection (3), a petition for challenging the
presumption of service may only be submitted by natural persons general partnerships, limited
partnerships and sole proprietorships (the parties or other persons taking part in the proceedings).
(5) The petition shall contain the facts and other evidence to demonstrate the alleged infringement
in the service of process or to demonstrate that the petitioner is not at fault in the case referred to in
Paragraph b) of Subsection (3). If the petition is submitted in delay, it shall be refused without
examining the merits. The petition shall be decided by the court that was hearing the case to which
the service in question pertains. Before adopting a decision the court shall interview the petitioner
and the parties.
(6) The petition shall have no suspensory effect on the proceedings or as regards enforcement,
however, if the facts shown in the petition are considered conceivable, the court may order the stay
of proceedings or suspension of the enforcement of the resolution - upon request - without hearing
the opposing party. Upon request, the court may reverse the resolution adopted on suspension.

1 First sentence established by Section 56 of Act LXIV of 2007. First and third sentences amended by Paragraph a) of Section 73
of Act L of 2009. See Subsection (6) of Section 61 of Act L of 2009.
2 Enacted by Section 2 of Act LXV of 2004, effective as of 15 July 2004. As regards application see Paragraph a) of Subsection
(2) of Section 17 of Act LXV of 2004.
3 Enacted by Section 2 of Act LXV of 2004, effective as of 15 July 2004. As regards application see Paragraph a) of Subsection
(2) of Section 17 of Act LXV of 2004.
4 Established by Section 5 of Act XXX of 2008. Amended by Point 11 of Subsection (37) of Section 85 of Act CCLII of 2013.
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(7) The resolution rejecting the petition may be appealed. A resolution adopted in favor of the
petition, and a resolution ordering the stay of proceedings or the suspension of enforcement may not
be appealed separately, such resolutions may be contested in the appeal lodged against a decision
on the substance of the case.
(8) If a petition for challenging the presumption of service is lodged by the party on the basis of
Paragraph a) of Subsection (3), and the court decides in favor of the petition, the legal
consequences related to the presumption of service shall not apply and the service of process, and
the measures and actions already carried out shall be repeated to the extent requested by the party.
In the case of petitions submitted by others, if the court_s decision is in favor of the petition, the
legal consequences relating to service of process, as applicable to the petitioner shall not be
enforced.
(9) If the presumption of service is rebutted according to Paragraph b) of Subsection (3), the
service of process shall be repeated. The submission and judgment of such petitions shall be
governed by the provisions pertaining to the justification of default (Sections 106-110), subject to
the exceptions set out in Subsections (1), (2) and (4)-(7) of this Section.

Challenging the Presumption of Service During Enforcement Procedures1

Section 99/B2

(1) Where a resolution becomes final due to the presumption of service taking effect, the
addressee may lodge a petition - during the course of the enforcement procedure - for challenging
the presumption of service on the grounds referred to in Subsection (3) within fifteen days of
gaining knowledge of the effective date of service of process at the court of the first instance. If the
enforcement procedure is already under way, the petition may be submitted only in compliance with
the provisions laid down in this Subsection.
(2) Petitions for challenging the presumption of service shall be assessed within thirty days.
Furthermore, the provisions contained in Section 99/A shall also apply to the assessment of
petitions.
(3)3 If collection through the banking system had been requested against the addressee under a
final decision prior to judicial enforcement, and the addressee obtained knowledge thereof, a
petition for challenging the presumption of service under this Section may be submitted within
fifteen days of the time of gaining knowledge of collection through the banking system.

International Service of Process

Section 100
(1)4 Where a document is to be served abroad, it shall be introduced to the minister in charge of
the judicial system, unless otherwise provided for by international treaty to which the Hungarian
State is a party.
(2) Service performed abroad shall be regarded legitimate if it satisfies either the provisions of the
national laws, or the laws and regulations applicable at the place of service.

Agent for Service of Process5

1 Enacted by Section 3 of Act LXV of 2004, effective as of 15 July 2004. As regards application see Paragraph a) of Subsection
(2) of Section 17 of Act LXV of 2004.
2 Enacted by Section 3 of Act LXV of 2004, effective as of 15 July 2004. As regards application see Paragraph a) of Subsection
(2) of Section 17 of Act LXV of 2004.
3 Enacted by Section 57 of Act LXIV of 2007, effective as of 1 August 2007.
4 Amended by Paragraph a) of Subsection (3) of Section 167 of Act CIX of 2006.
5 Enacted by Section 6 of Act XXX of 2008, effective as of 1 January 2009.
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Section 100/A1

(1) Any plaintiff who has no permanent or temporary residence (hereinafter referred to
collectively as _permanent residence") or registered office in Hungary, and has no authorized
representative with a permanent residence or registered office in Hungary for arguing the case on
his behalf, shall indicate the name and address of his agent for service of process at the time of
submission of the statement of claim. The party_s contract with the agent for service of process
fixed in an authentic instrument or a private document with full probative force shall be attached to
the statement of claim.
(2) If the defendant has no permanent residence or registered office in Hungary, and has no
authorized representative with a permanent residence or registered office in Hungary for arguing the
case on his behalf, the court shall instruct such defendant at the time of submission of the statement
of claim to delegate an agent for service of process. The defendant shall report the name and
address of his agent for service of process on or before the first hearing, and shall simultaneously
submit the contract referred to in the last sentence of Subsection (1).
(3) If the plaintiff fails to discharge the obligation set out in Subsection (1), the court shall advise
the plaintiff in the writ of summons dispatched for the first hearing to report the name and address
of his agent for service of process within thirty days of receipt thereof, or during the first hearing at
the latest, and to submit the contract referred to in the last sentence of Subsection (1)
simultaneously.
(4) If the party fails to delegate - without special notice - a replacement agent for service of
process within the time limit specified in Subsection (2) or (3), or without delay upon termination of
the previous service contract either by the party or the agent, or if documents cannot be delivered to
the agent for service of process, to this end no order for subsequent disclosure or any special notice
shall be issued, and the documents in this case shall be delivered by way of public notification. This
provision shall not apply to the service of the writ of summons for the first hearing and the
statement of claim to the defendant; as to the service abroad of these documents Section 100 shall
apply.
(5) In connection with any litigation concerning companies, if the nonresident party has no
authorized representative to argue the case on his behalf, his agent for service of process shown in
the register of companies shall proceed in the capacity of agent for service of process subject to the
provisions of Subsection (8) relating to procedures and service. The court shall take into
consideration the fact if the party has an agent for service of process shown in the register of
companies of its own motion.
(6) If a nonresident party has an authorized representative with a permanent residence or
registered office in Hungary to argue the case on his behalf, the restriction contained in the second
sentence of Section 97 shall not apply. As regards the writ of summons ordering the party or his
legal representative to appear in person, the provisions of Subsection (8) shall apply relating to
procedures and service.
(7)2 The agent for service of process may be a natural or legal person with a permanent residence
or registered office in Hungary, such as, in particular, an attorney (law firm).
(8) The agent for service of process shall be responsible for collecting the documents of the
proceedings addressed to his principal and to forward these documents to the principal subject to
liability under the rules of civil procedure. Where any official document is delivered to the agent for
service of process on the party_s behalf, it shall be presumed that the party has knowledge of them
on the fifteenth day after they are delivered to the agent in due process.
(9) Nonresident parties shall be specifically advised concerning the provisions of this Section.

Service of Process by Public Notification

1 Enacted by Section 6 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
2 Amended by Paragraph g) of Subsection (38) of Section 85 of Act CCLII of 2013.
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Section 1011

(1) If the party cannot be located, or if he resides in a State where there is no legal assistance
available as to service, or if service is hindered by insurmountable obstacles or any proposed
attempt as to service appears to offer no results, furthermore, in the case referred to in Subsection
(4) of Section 100/A process shall be served by way of public notification. Moreover, process shall
be served by way of a public notification to unknown heirs as well.
(2)2 The court may order service of process by way of public notice - subject to the exception set
out in Subsection (4) of Section 100/A and in Subsection (3) of Section 386/C - only if so requested
by the party and only if any proof concerning the underlying reason is produced. If the facts
presented turn out to be untrue, of which the party had been aware, or should have been aware given
reasonable care, service of process by way of public notice and the ensuing procedure shall be
declared null and void, and the party shall be ordered to cover all applicable costs and to pay a
financial penalty (Section 120) as well. If the court has served a document by way of public notice
in violation of the provisions of Section 100/A or Subsections (3)-(5) of Section 386/C, such service
of process by public notice and the ensuing procedure shall be declared null and void. The court
shall deliver these decisions before the resolution passed in conclusion of proceedings becomes
final - after hearing the parties - of its own motion, or in a redress procedure in other cases.
(3) If the opposing party (to whom the document was served by way of public notification) has
approved the procedure ensuing public notification, whether implicitly or otherwise, the procedure
shall not be declared null and void, the financial penalty, however, shall be imposed in this case as
well - exclusive of the case referred to in Section 100/A -, and the party shall be ordered to cover
the extra costs incurred.

Section 102

(1)3 The public notice shall be posted for fifteen days on the bulletin board of the court, and on
the bulletin board of the mayor_s office of the community where the last known residence of the
testator is located in respect of unknown heirs, and shall be published on the central website of the
judiciary (hereinafter referred to as _Website") as well.
(1a)4 The public notice shall contain:
a)5 the date of posting, and in the case of publication on the Website, the date of publication;
b) the name of the court having competence;
c) the case number;
d) name and last known home address (registered office) of the addressee in Hungary, or failing
this his habitual residence;
e) the reason which prompted the use of service of process by public notice; and
f) an indication of the legal consequences specified in Subsection (5), and that the documents
dispatched for service may be collected in the court administration office.
(2)6 If the party resides in a State where there is no legal assistance available as to service,
however, connection through postal service is available, the notice shall be dispatched - preferably
by registered post - to the party_s address in that State. Where service of process by public
notification is carried out on the basis of Subsection (4) of Section 100/A, and the party resides in a
State with which connection through postal service is available, the notification shall be dispatched
by registered post to the party_s address in that State as well.
(3) If a statement of claim is to be served to the defendant by way of public notification, the court
shall appoint a guardian ad litem (Section 74) to the defendant and shall have the statement of claim
delivered to this guardian ad litem as well.

1 Established by Section 7 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
2 Established: by Section 1 of Act XXXII of 2012. In force: as of 14. 04. 2012.
3 Established: by paragraph (1) Section 2 of Act CXVII of 2012. In force: as of 24. 07. 2012. Amended by Paragraph b) of
Subsection (8) of Section 18 of Act LXXI of 2015.
4 Enacted: by paragraph (1) Section 2 of Act CXVII of 2012. In force: as of 24. 07. 2012.
5 Amended by Paragraph c) of Subsection (8) of Section 18 of Act LXXI of 2015.
6 Established by Section 8 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
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(4) The costs of service of process by public notification shall be advanced by the party that has
requested such public notification.
(5)1 In the case of service of process by public notice, the notice shall be considered served -
unless otherwise provided for by the court - on the fifteenth day following the time when posted on
the court_s bulletin board.
(6)2 The acting courts shall keep computerized records on cases of service of process by public
notification, showing the name of the court, the case number, the name and last known address
(registered office) of the party for whose benefit the public notification was carried out,
furthermore, the reason which prompted the use of this particular service method, including the
effective date when the document is considered served. This authentic public register is supported
by a national computer network, maintained by the president of the Országos Bírósági Hivatal
(Judiciary Office of Hungary), from which the president of the Országos Bírósági Hivatal shall
supply information with respect to and at the request of persons making an inquiry, subject to a fee
specified by the relevant legislation.
(7)3 Information from the register may be supplied when requested by others only to the extent
required by the court, the public prosecutor_s office, a notary public or an administrative body
conducting non-judicial proceedings for discharging their functions prescribed by law, or as deemed
necessary for the person requesting the information to exercise his legal rights. Legal entitlement
shall be properly verified. In this case, the fact of disclosure of information shall be recorded in the
computerized system in such a manner as to contain facilities for having the date of disclosure, the
reason and the data user to be retrieved. The legal consequences for any unlawful data request and
use shall be borne by the requesting person.

Time Limits

Section 103

(1) Time limits and deadlines shall be expressed in days, months and years.
(2) A deadline or time limit expressed in days shall not include the initial day. Initial day means
the day when the cause or any other circumstance substantiating the commencement of the deadline
occurs (e.g. service, posting).
(3) Where a time limit is defined in months and/or years, it shall expire on the day that
corresponds to the initial day as calculated on the basis of the number of months and/or years
specified, or if such day does not exist in the month when the time limit expires, on the last day of
the month.
(4) If the last day of the deadline falls on a day that is not a working day, the deadline shall expire
on the next working day.
(5) The deadline shall expire at the end of the last day, however, deadlines pertaining to the
presentment of submissions to the court and to actions to be performed before the court shall expire
at the end of office hours.

Section 104

(1)4 The court shall be entitled to extend its own deadlines for material reasons; the deadline -
however - may not be longer than forty-five days as extended, except if more time is required for
the completion of an expert assessment. Where a time limit or deadline is prescribed by law, it may
be extended only in the cases permitted by law.
(2)5 Where an extension is requested by the party or by an expert, the request shall be presented
before the deadline expires and the court may adopt a decision hearing the opposing party or the
parties.

1 Established: by paragraph (2) Section 2 of Act CXVII of 2012. In force: as of 24. 07. 2012.
2 Enacted by Section 16 of Act CX of 1999, effective as of 1 January 2002. Amended: by subparagraph m) Section 204 of Act
CLXI of 2011. In force: as of 1. 01. 2012.
3 Enacted by Section 16 of Act CX of 1999, effective as of 1 January 2002.
4 Established by Section 17 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
5 Established by Section 7 of Act XLVIII of 2005, effective as of 1 January 2006.
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Section 104/A1

(1) Where a time limit is defined in days, it shall not include the period between 15 July and 20
August of any year (judicial vacation). Where a time limit that is defined in months and/or years
expires during the period of judicial vacation, it shall expire on that day of the following month the
numbering of which corresponds with the day of initiation, and if this day also falls within the
period of judicial vacation, the time limit shall expire on the first day after the judicial vacation. The
provisions of Subsections (4) and (5) of Section 103 shall apply in these cases as well.
(2) The provisions contained in Subsection (1) shall not apply:
a) where certain specific procedures and actions are to be implemented in priority proceedings on
the strength of law;
b) to special arrangements for providing preliminary evidence ;
c) to enforcement actions;
d) where requested by the parties jointly; or
e) where precluded by law.
(3) The provisions set out in Subsection (1) shall apply to non-judicial proceedings under specific
other legislation only if so prescribed by the relevant legislation.
(4) Where Subsection (2) applies the party shall be notified accordingly.
Omissions

Section 105

(1) Unless otherwise prescribed by law, in the event of the party_s omission to carry out a certain
act during the proceedings, it shall constitute his forfeiture of such act.
(2) The consequences of omissions shall take effect automatically, without any advance warning,
with the exceptions prescribed by law. Where, according to the relevant legislation, the
consequences of omissions take effect upon advance warning or at the opposing party_s request, the
omitted act may be carried out during the period of time indicated in the warning, or before the
request is submitted, or - if the request was presented during the hearing - before the relevant
decision is adopted.
(3) Omission shall not apply if the party was hindered by a colloquial natural event or by
insurmountable obstacles in carrying out certain acts during the proceedings.
(4) The consequences of omissions shall not apply where a submission addressed to the court was
dispatched on the last day of the time limit at the latest by registered post.2

Justification of Default

Section 106

(1) If a party or his legal counsel failed to appear on a certain date without any fault on his part, or
missed a deadline for reasons beyond his control, the consequences of such omissions may be
remedied by way of justification, with the following exceptions.
(2) No justification shall be accepted if:
a) justification is precluded by law;
b) the consequences of omissions can be remedied without justification, or the omission is not
sanctioned by way of a court ruling;
c) the party misses the new deadline set upon an application for continuation with justification.
(3) In actions of replevin the claimant shall not be allowed to present justification.

1 Enacted by Section 9 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
2 See See Harmonized Civil Law Decision No. 4/2003.
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Section 107

(1)1 An application for continuation with justification may be submitted within fifteen days. This
deadline shall start on the missed deadline or the last day of the time limit. However, if the party or
his counsel gained knowledge of the omission past that time or if the obstacle was eliminated
afterward, the deadline for the application for continuation with justification shall begin at the time
of gaining knowledge or the time of elimination. After three months following the time of omission
no application for continuation may be submitted.
(2) The application for continuation with justification shall state the reason for the omission and
the circumstances to verify that the person in question is non-actionable.
(3) In the event failing to meet a time limit, the act omitted shall be carried out at the time the
application for continuation with justification is submitted.

Section 108

The application for continuation with justification shall have no effect in terms of carrying out the
proceedings or the enforcement procedure. If, however, success of the application for continuation
appears likely, the court may order the stay of proceedings or suspension of the enforcement of the
resolution of its own motion, without hearing the opposing party. Upon request, the court may
reverse the resolution adopted on suspension.

Section 109

(1) The decision concerning an application for continuation with justification lies with the court
hearing the case to which the omission pertains, or the court of the second instance in connection
with missing a deadline for appeal.
(2) Where justification is precluded by law, or the application for continuation is submitted in
delay, it shall be refused without examining the merits. The same applies if the applicant - if having
missed a deadline - fails to perform the act omitted at the time the application is submitted.
(3) Before adopting a decision concerning the application for continuation the court may hear the
parties (Section 113). If the parties are summoned the deadline shall be set - where applicable - for
hearing the case as to substance. As to whether the conditions for the application are satisfied shall
be decided on an equitable basis.
(4) If the court_s decision is in favor of the application for continuation, the act performed by the
applicant shall be considered to have been performed within the prescribed time limit, and any
hearings held on the deadline date must be repeated to the extent necessary. In light of the new
hearing, a decision must also be adopted on the subject of affirming, or completely or partially
abolishing any decision made on the basis of the cancelled hearing.
Section 110

(1) The decision rejecting the application for continuation with justification may be appealed.
(2) The resolution in favor of the application for continuation with justification, and the resolution
ordering the stay of proceedings or the suspension of enforcement under Section 108 may not be
appealed separately, and it may be contested in the appeal lodged against a decision adopted in
conclusion of the case only if the court has approved an application for continuation, or ordered the
stay of proceedings or the suspension of enforcement based on an application for continuation that
should have been refused without examining the merits [Subsection (2) of Section 109].

Interruption of the Proceedings

Section 111

1 Established by Section 18 of Act CX of 1999, effective as of 1 January 2000.

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(1)1 In the event of the death or termination of either of the parties, the proceedings shall be
interrupted until the successor joins the action, whether on his own motion or otherwise (Sections
61-62), except if the nature of the relationship precludes succession.
(2) If a party who has no authorized representative for arguing the case on his behalf lost legal
competency, the proceedings shall be interrupted insofar as the person of the legal representative
appointed for such party is notified.
(3) If the party_s legal counsel dies, and the legal counsel had no authorized representative for
arguing the case on his behalf, the proceedings shall be interrupted insofar as the person of the
replacement legal counsel appointed for such party is notified. The same applies if this entitlement
of the party_s legal counsel ceases before his client was able to regain legal competency.
(4) In the case that the court has suspended operations due to war or some other unavoidable
event, or if the party cannot be contacted for such reason, the proceedings shall be interrupted until
the hindrance is eliminated.
(5) Where proceedings are interrupted under Subsection (2) or (3), and the interruption in itself or
its unreasonably long time is likely to harm the equitable interests of either of the parties, the court
shall appoint a guardian ad litem (Section 74) at the party_s request or of its own motion in
accordance with Subsection (2) of Section 49; interruption of the proceedings terminates upon the
appointment of the guardian ad litem.
(6)2 Where proceedings are interrupted under Subsection (2) or (3), and the interruption in itself
or its unreasonably long time is likely to harm the equitable interests of the appointed expert, the
court shall appoint a guardian ad litem (Section 74) for the party at the expert_s request in
accordance with Subsection (2) of Section 49; interruption of the proceedings terminates upon the
appointment of the guardian ad litem as regards the expert_s fee in terms of how it is calculated or
determined when covered by deposit.
(7)3 The party, with a view to having the litigation dismissed, may request to have the
proceedings resumed even if the party that has been terminated has no successor. The court, if the
costs of the guardian ad litem are advanced, shall appoint a guardian ad litem at the party_s request;
interruption of the proceedings terminates upon the appointment of the guardian ad litem. The
proceedings shall be resumed against the guardian ad litem for having the action terminated.

Section 112

(1) Upon the interruption of proceedings all deadlines shall be discontinued, and shall
recommence when interruption is terminated.
(2)4 All court orders introduced during the period of interruption, pertinent to the merits of the
case, and all acts made by the parties during the proceedings shall be null and void, except for the
court orders and acts relating to the interruption or the termination of interruption.
(3)5 The court shall take measures for the payment of witness fees and expert_s fees, to the extent
covered by deposit, during the period of interruption as well.
(4)6 The court_s resolution on interruption may be contested separately; however, the court shall
have powers to reverse such resolution on its own accord as well.

Hearing the Parties Outside the Action

Section 113

1 Established by Subsection (1) of Section 8 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress as
well.
2 Enacted by Subsection (1) of Section 8 of Act XLVIII of 2005, effective as of 1 January 2006.
3 Enacted by Subsection (2) of Section 8 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress as
well.
4 Established by Subsection (2) of Section 10 of Act LX of 1995, effective as of 29 August 1995. Applies to cases in progress as
well.
5 Enacted by Subsection (2) of Section 8 of Act XLVIII of 2005, effective as of 1 January 2006.
6 Numbering modified by Subsection (2) of Section 8 of Act XLVIII of 2005.
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In all such cases where either of the parties shall be heard within the meaning of the law or if
deemed necessary by the court, and such interview cannot be postponed until the formal hearing,
the party shall be advised to provide a statement in writing on the given subject, or to appear before
the presiding judge for having his statement taken for the records. The court, if deems it necessary,
shall have powers to summon the party for the interview.

Protest Against the Irregularity of Proceedings

Section 114

The party shall have the right to protest against any irregularity in the proceedings any time
during the action. If the protest is presented verbally, it shall be committed to the records. If the
court decides to disregard the protest, it shall provide an explanation without delay if possible, in
any case not later than in the resolution passed in conclusion of proceedings.

Complaint Against Delays in the Proceedings1

Section 114/A2

(1) The party, the intervener and the public prosecutor participating in the proceedings shall have
the right to file a complaint for any omission of the court specified in Subsection (2), at the same
court, requesting the court of competence for hearing complaints to establish the omission, and to
order the defaulting court to carry out - within the prescribed time limit - the procedural acts or
adopt the resolution omitted in the cases referred to in Paragraphs a) and c) of Subsection (2), or to
take the measure that is deemed the most effective in the case referred to in Paragraph b) of
Subsection (2).
(2) A compliant may be lodged if:
a) the court was bound to certain time limits by law for the conclusion of proceedings, for
carrying out certain procedural acts or for adopting resolutions, and the court failed to meet such
time limits;
b) the public prosecutor, any person participating in the proceedings and the body or person
requested was bound to certain time limits set by the court for carrying out certain procedural acts ,
and the said person or body failed to meet such time limits, and the court failed to impose the
sanctions provided for by law upon the defaulting person or body;
c) the court failed to observe its obligation for the closure of the proceedings within a reasonable
time-frame, where a reasonable time period lapsed since the court_s last decision as to substance
that would have been enough for the court to carry out the given procedural act or to order such act
to be carried out, however, the court failed to do so.
(3) No compliant may be lodged against an order for the taking of evidence or against any
resolution that may be contested separately.
(4) A compliant may be withdrawn before the court_s ruling as to substance. If withdrawn the
complaint may not be re-submitted.

Section 114/B3

(1) The court hearing the case shall examine the complaint within eight days from the date of
receipt thereof, and if the court finds the compliant substantiated, it shall take the measures required
to remedy the situation to which the complaint pertains, or shall issue an order for having such
measures carried out. The court shall notify the complainant of having dealt with the complaint.

1 Enacted by Subsection (2) of Section 1 of Act XIX of 2006, effective as of 1 April 2006.
2 Enacted by Subsection (2) of Section 1 of Act XIX of 2006, effective as of 1 April 2006. As regards application see Section 3 of
Act XIX of 2006.
3 Enacted by Subsection (2) of Section 1 of Act XIX of 2006, effective as of 1 April 2006. As regards application see Section 3 of
Act XIX of 2006.
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(2) If the court hearing the case did not find the complaint substantiated, it shall send the
submission containing the compliant to the opposing party for making comments within eight days
of receipt. After the expiration of this deadline the court shall forward the documents - including the
comments received, if any - within eight days to the court of competence for deciding upon the
complaint. In this submission the court shall give account of the reason or reasons for the omission
to carry out the given procedural act or to adopt the given resolution.
(3)1 Complaints against any omission of a district court shall be heard by a panel of three
professional judges of the competent general court, complaints against any omission of a general
court shall be heard by a panel of three professional judges of the competent high court of appeal,
complaints against any omission of a high court of appeal shall be heard by a panel of three
professional judges of the Curia, and complaints against any omission of the Curia shall be heard by
another panel of the Curia within fifteen days from the time of introduction of the documents
without a formal hearing.
(4) If the competent court finds the compliant substantiated, it shall order the defaulting court to
carry out - within the prescribed time limit - the acts required to proceed with the cases referred to
in Paragraphs a) and c) of Subsection (2) of Section 114/A, or to take the measure that is deemed
the most effective in the case referred to in Paragraph b) of Subsection (2) of Section 114/A. Save
where Paragraph a) of Subsection (2) of Section 114/A applies, the court hearing the complaint may
not instruct the acting court to carry out certain specific procedural acts. If the complaint is found
unsubstantiated, it shall be rejected by way of a reasoned resolution, against which no further appeal
is available.
(5) If the complainant submits another unsubstantiated compliant in the same action, the court
hearing the complaint shall have powers to impose a financial penalty (Section 120) upon such
complainant.
(6) The provisions on the submission and assessment of appeals lodged against rulings shall also
apply to complaints.

Court Records

Section 115

(1) Unless otherwise provided for by law, the hearing, the interview of the parties, and any other
inquiry made without a formal hearing (questioning) shall be entered on the court records.
(2)2 The presiding judge shall determine the types of procedural steps (audience, questioning,
hearing etc.) when a clerk shall be used for keeping the court records.
(3)3 The relevant legislation may contain provisions to permit the court to record the events of a
hearing (audience etc.) by means other than the court records.4

Section 116
Court records shall contain:
a) the acting court and the case number;
b) the name of the parties and their status in the action, and the subject matter of the action;
c) the venue of the hearing (audience or questioning), the date of beginning and closure;
d) the names of judges, the clerk keeping the records and the interpreter;
e)5 the name of the parties attending and their counsels, and their status in the action, and the
names other litigants present;
f) an indication if the hearing is held in closed session.

1 Amended: by subparagraphs d) and n) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by
subparagraph a) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
2 Established by Subsection (1) of Section 18 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
3 Enacted by Subsection (2) of Section 18 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
4 See Decree No. 15/1976 (XII. 7.) IM.
5 Amended by Point 12 of Subsection (37) of Section 85 of Act CCLII of 2013.
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Section 117

(1) The court records shall contain a brief description of the progress of the proceedings and
events taking place, transcribed in a manner to permit future identification of the proceedings and
whether it was conducted according to the formalities set down in law. Where the exact wording of
any term or statement is of the essence, a verbatim interpretation of these shall be entered in the
court records.
(2) All court records must contain the following information:
a)1 the scheduled and actual time of the opening of the hearing;
b)2 all material requests and statements presented or made by the parties in written pleadings,
including the arguments of the parties and their request for the performance of taking of evidence,
any change made in the claim and any counterclaim, as well as any deviation from previous
requests and statements, plus any omission or refusal of providing a statement in spite of the
judge_s instruction to do so;
c)3 an indication of the presentment of documents, the testimony of witnesses, the assessment of
experts and the findings of inspections;
d)4 withdrawal of the claim, furthermore, recognition and the waiver of a right, and any
settlement reached between the parties;
e)5 measures taken in connection with conducting the hearing and for keeping order, an indication
of giving account of previous proceedings, as well as the rulings the court has adopted in the
process and the delivery of judgment.
(3) In connection with the presentment of the submissions of parties, expert assessments and other
written pleadings, or if documents or copies are attached it shall suffice to make an indication
thereof in the court records.
(4) Where either of the parties request the court records to show any event or circumstances
arising or any statement made during the proceedings, it may be refused only if the court has no
knowledge of the occurrence of the event, circumstance or statement in question.
(5)6 Where the hearing is adjourned, it shall be minuted separately. If the hearing is held in
continuance or if reopened, this shall be so indicated in the court records.

Section 118

(1)7 The events of court hearings shall be committed to the court records as they happen, or if
made from sound recordings, it shall be completed within eight days. If made on the basis of sound
recordings, the court records shall indicate the date when the court records are committed to
writing, and the parties shall be informed as to date and venue when and where the court records are
made available for inspection or for receiving a copy. The court - if so required by law - shall
deliver a copy of the court records within fifteen days from the time when they were transcribed.
(2)8 The court records may be supplemented and amended ex officio or if so authorized by the
presiding judge relying on the comments of the parties; the parties_ request therefor - if rejected -
shall be indicated in the court records. Where certain passages are no longer required, they shall be
deleted in a way that they remain readable.
(3)9 If the events of the hearing are not entered in the court records in real time, the parties present
when certain procedural steps are carried out may request the court to have the court records
corrected or supplemented within eight days of delivery if they are to receive a copy of the court
records, or within fifteen days from the time when the procedural steps are carried out if they are
not entitled to receive a copy.

1 Enacted by Subsection (1) of Section 1 of Act CV of 2001, effective as of 1 January 2002.

2 Designation modified by Subsection (1) of Section 1 of Act CV of 2001.
3 Designation modified by Subsection (1) of Section 1 of Act CV of 2001.
4 Designation modified by Subsection (1) of Section 1 of Act CV of 2001.
5 Designation modified by Subsection (1) of Section 1 of Act CV of 2001.
6 Enacted by Subsection (2) of Section 1 of Act CV of 2001, effective as of 1 January 2002.
7 Established by Subsection (3) of Section 1 of Act CV of 2001, effective as of 1 January 2002.
8 Second sentence enacted by Subsection (4) of Section 1 of Act CV of 2001, effective as of 1 January 2002.
9 Established by Subsection (5) of Section 1 of Act CV of 2001, effective as of 1 January 2002.
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(4)1 The court records and any amendment thereof shall be signed by the judge hearing the case
or the presiding judge, and by the clerk keeping the records. If the court proceeds in a panel, and the
presiding judge is unavailable to sign the court records, the court records shall be signed in his place
by a member of the panel, indicating the fact of substitution.
(5)2 Where any events of the procedural steps are recorded by means of sound recordings, at the
time the sound recordings are transcribed, the court official handling the transcription shall proceed
in the place of clerk keeping the records (hereinafter referred to as _transcriber") and shall sign the
court records to verify that it is a true copy of the sound recordings.

Access to Documents; Copies

Section 1193

(1)4 The parties, the public prosecutor and other persons participating in the action, and their
representatives shall have access to the documents of the case - with the exception of draft
resolutions and any dissenting opinion - any time during the litigation without special permission,
and shall have the right to make copies (extracts) thereof. However, the court records of any hearing
that was held in closed session with a view to protecting classified information, and any document
that contains classified information may not be copied and no extracts can be made thereof. In these
cases the documents may be reviewed in possession of the authorization granted under the Act on
the Protection of Classified Information, subject to the conditions established by the presiding judge
in accordance with the rules set out therein.
(2) The parties, the public prosecutor and other persons participating in the action, and their
representatives may exercise the right to access documents for inspection and to make copies,
where such documents contain business secrets, privileged information and other secrets described
in specific other legislation, other than those mentioned in Subsection (1) - subject to a
confidentiality agreement made out in writing -, according to the rules and under the conditions laid
down by the judge hearing the case. If, however, the party entitled to grant an exemption from the
obligation of confidentiality made a statement in due time under Subsection (3) of Section 192, in
which he refused to allow access to the document containing any business secret or privileged
information, apart from the court and the clerk keeping the records (transcriber) no other person
shall be allowed to have access to that part of the document containing such secrets, and it may not
be copied and no extracts can be made thereof. If the goal of the litigation is to decide whether the
document in question is to be treated as public information, during the proceedings this document
may not be inspected, and it may be inspected and copied after the final decision is adopted in
accordance with the judgment; this provision shall not apply to the court, the clerk keeping the
records (transcriber) and to the person who submitted the document.
(3) Apart from the persons referred to in Subsections (1) and (2) - with the exception of the
information provided under the Act on the Legal Status and Remuneration of Judges - information
on the proceedings may only be given to persons with legitimate interest as to the conduct and the
outcome of the proceedings. The presiding judge of the court seised - subject to verifying legal
interest - shall be authorized to access the documents and to make copies and extracts thereof,
and/or to release information. Access to the court records mentioned in Subsection (1), and to the
documents referred to in Subsection (1) or (2), and the release of information as to their contents,
furthermore, the making of copies and extracts of any document containing the secret specified in
Subsection (2) may be permitted only to a person indicated in the clearance for inspection granted
by the original classifier or the party entitled to grant an exemption from the obligation of
confidentiality.
(4) As regards the inspection of documents and making copies the provisions of Section 171/A
shall be observed.

1 Enacted by Subsection (5) of Section 1 of Act CV of 2001, effective as of 1 January 2002.

2 Enacted by Subsection (5) of Section 1 of Act CV of 2001. Amended by Subsection (4) of Section 64 of Act XXX of 2008.
Applies to cases opened subsequently.
3 Established by Section 10 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
4 Amended by Subsection (1) of Section 42 of Act CLV of 2009.
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(5)1 The parties, the public prosecutor and other persons participating in the action, and their
representatives may request - in writing or during the hearing - the court to send electronic copies of
documents to the e-mail address they supplied, provided that they have proper entitlement for
receiving a copy of such documents, and the given document is available at the court:
a) in electronic format,
b) in the form of an electronic document, or
c) as an electronic duplicate of paper-based documents.
(5a)2 In the case specified in Subsection (5) the documents are forwarded free of charge. A
document is considered to be available in electronic format [Paragraph a) of Subsection (5) of
Section 119] if the court processed the document using information technology equipment;
documents available in electronic format are not recognized as certified copies, and shall not be
used as evidence.
(6) At the request of another court, the public prosecutor_s office, notary public, court bailiff,
investigating authority or administrative authority - to the extent necessary to discharge their
functions conferred by law - the court shall make available the documents of the case or their copies
(extracts), or may allow access to such documents.
(7) As regards the judgment of a case, and any ruling adopted in the redress procedure ordering
the court of original jurisdiction to reopen the case and to adopt a new resolution, copies which
have been rendered anonymous may be provided to any person requesting it, after three months
following the final conclusion of the proceedings for a fee of three hundred forints per page payable
to the court, but not more than five thousand forints per resolution. Where any reference is made to
a natural person in the decision, it shall be consistent with his role in the proceedings, however, if
this is not suitable to prevent the identification of the natural person in question, the identification
data shall be erased in a manner so as not to prejudice the relevant facts of the case.
(8) In the copies referred to in Subsection (7), it is not necessary to erase the following:
a) the name and title of any person, unless otherwise provided for by the relevant legislation,
performing any State or municipal government function, or performing other public duties, if this
person is involved in the proceedings in connection with discharging his public function;
b) the name of any legal counsel acting as an authorized representative;
c)3 the name of the representative of any association or foundation;
d) information of public interest.
(9) Copies may not be granted under Subsection (7) of any resolution that contains the secrets
referred to in Subsections (1) and (2), and of any resolution adopted in an action specified in
Chapters XV-XVIII, or in an action, or any part thereof, that was held in closed session with the
public excluded by order of the court.

Replacing Lost (Destroyed) Documents4

Section 119/A5
(1) The replacement of lost (destroyed) documents is the responsibility of the presiding judge of
the acting panel. To this end the presiding judge shall order the replacement of all or part of the
documents, as appropriate, interview the persons involved in the proceedings, and shall obtain
copies and duplicates of documents etc.
(2) If a resolution that was adopted on the basis of a document lost (destroyed) is final and
enforceable, replacement of the documents of such concluded proceedings is not required. In this
case it shall suffice to obtain from the parties the certified copy (duplicate) of the resolution.
(3) The provisions of Subsections (1)-(2) shall also apply to the safeguarding of any procedural
step in the form of sound recordings.

1 Established: by Section 3 of Act CXVII of 2012. In force: as of 24. 07. 2012.

2 Enacted: by Section 3 of Act CXVII of 2012. In force: as of 24. 07. 2012.
3 Established: by Section 78 of Act CLXXV of 2011. In force: as of 22. 12. 2011.
4 Enacted by Section 2 of Act CV of 2001, effective as of 1 January 2002.
5 Enacted by Section 2 of Act CV of 2001, effective as of 1 January 2002.
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Financial Penalty

Section 1201

The maximum amount of financial penalty to be imposed under this Act is five hundred thousand
forints, or three hundred thousand forints in the case of minors, however, it may not exceed the
value of the subject matter of the action. A financial penalty may not be substituted for a term of
imprisonment. The collection and appropriation of financial penalties shall be governed by the
provisions applicable to financial penalties levied by the courts.

PART TWO

PROCEDURE OF FIRST INSTANCE

CHAPTER VIII

Filing for Action

Lodging a Standard Statement of Claim

Section 121

(1) An action shall be initiated by lodging a statement of claim; the statement of claim shall
indicate:
a) the court of competence;
b)2 the names and addresses of the parties and their counsels, and their status in the action;
c) the cause of action, including a description of the circumstances invoked as the basis of the
claim and a description of the evidence supporting the claim;
d) the grounds for competence and jurisdiction of the court;
e) a plea for court decision (pleading);
f)3
(2)4 The plaintiff shall attach to the statement of claim the document, or a copy (extract) of such
document, invoked as evidence underlying the claim, or that is required for determining court_s
competence and jurisdiction, and that is required to verify other circumstances which are to be
taken into consideration ex officio, except if the data can be verified by a personal identification
document as well; this must be indicated in the statement of claim.
(3)5 Where legal representation is mandatory the statement of claim shall have attached the legal
counsel_s power of attorney, or the right of representation shall be verified.
(4)6 Where mediation proceedings took place in the dispute between the parties, the statement of
claim shall contain an indication thereof.
(5)7 If the plaintiff has a phone number, fax number, and/or an e-mail, it shall be indicated in the
statement of claim.

1 Established: by Section 20 of Act LXII of 2012. In force: as of 29. 06. 2012.

2 Amended by Subsection (1) of Section 31 of Act LX of 1995.
3 Repealed by Paragraph b) of Subsection (6) of Section 64 of Act XXX of 2008, effective as of 1 January 2009.
4 Established by Section 11 of Act LX of 1995, effective as of 29 August 1995.
5 Enacted by Section 11 of Act LX of 1995, effective as of 29 August 1995.
6 Enacted by Section 11 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
7 Enacted by Subsection (1) of Section 2 of Act LXVIII of 2009, effective as of 1 January 2010. Applies to cases opened
subsequently.
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Section 121/A1

(1)2 In legal disputes between economic operators with legal personality, the parties shall make an
attempt before lodging the claim to settle the case out of court. This procedure is not required if the
parties make out a joint statement on their disagreement.
(2) If the parties are unable to settle their dispute out of court, and the plaintiff files for action, the
statement of claim shall have attached the following:
a) the documents containing the written statements made by the plaintiff and the defendant under
Subsection (1) (correspondence, report),
b) the document underlying the plaintiff_s claim to attempt to reach a settlement out of court.
(3) The documents referred to in Paragraph a) of Subsection (2) shall inter alia contain:
a) the particulars of disagreement during prior correspondence and negotiations (making
statements);
b) the outcome of previous settlement of accounts, if any; furthermore
c) the case number of any previous court or other official decision relating to the case, including
an overview of their contents; and
(4) The provisions of this Section shall not apply:
a) if the time limit prescribed by the relevant legislation for lodging the claim is not more than
sixty days;
b) in the special procedures described in Part Four;
c)3 in actions ensuing order for payment procedures (Section 315);
d)4 in non-contentious proceedings, unless otherwise provided by specific other legislation; or
e)5 in the high profile actions defined in Part Five.

Section 122

(1) An action for condemnation may only be lodged in connection with an overdue pecuniary
claim.
(2) Actions for the enforcement of claims arising from maintenance, annuities, and other similar
periodic provisions may be opened for unexpired outstanding claims as well. An action for the
recovery of a residential or other unit and other immovable property may be opened before the
expiry of the recovery obligation, provided that the property in question must be recovered at a
specific time.

Section 123

If an action is brought for the declaration of accountability, the plaintiff may also request
confirmation of the account he has presented as to accuracy. An action for declaratory proceedings
may be brought only if the declaration requested is necessary for the protection of the plaintiff_s
rights against the defendant, and the plaintiff may not demand satisfaction stemming from the
nature of the legal relationship or because the liability has not yet expired, or due to some other
reason.

Measures Based on the Statement of Claim

Section 1246

1 Established: by Section 106 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.

2 Amended by Point 13 of Subsection (37) of Section 85 of Act CCLII of 2013.
3 Established: by Section 1 of Act CCV of 2011. In force: as of 31. 12. 2011.
4 Established: by Section 1 of Act CCV of 2011. In force: as of 31. 12. 2011.
5 Enacted: by Section 1 of Act CCV of 2011. In force: as of 31. 12. 2011.
6 Established by Section 21 of Act CX of 1999, effective as of 1 January 2000.
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(1) The court may examine the statement of claim without delay, not later than within thirty days
from the time of delivery to the court, so as to determine whether it contains any remediable
deficiencies (Section 95), whether the case should be transferred to another venue (Section 129), or
as to whether the statement of claim should be rejected without issuing any writ of summons
(Section 130), and shall make the necessary measures.
(2)1 The court shall - in the absence of a notice for remedying deficiencies - reject the statement
of claim without issuing any writ of summons, if:
a) the statement of claim submitted by a party represented by legal counsel does not contain the
information specified in Subsection (1) of Section 121 and in Paragraph a) or b) of Subsection (2)
of Section 121/A, or
b) the legal counsel failed to attach his power of attorney, or
c) if the party represented by legal counsel failed to pay applicable court fees.
(3) If the actions prescribed in Subsections (1)-(2) are not required, and/or if the party managed to
remedy deficiencies, hence the statement of claim is suitable for having the time of the hearing
announced, the court may implement additional measures to expedite the proceedings in preparation
for the hearing. Such measures may be implemented any time before and during the hearing, where
deemed necessary.
(4) The court_s actions referred to in Subsection (3) shall inter alia cover the following:
a) requesting documents from other authorities and bodies;
b)2 in connection with actions concerning child support, settlement of parental custody or the
third-party placement of a child claims relating to birth, and other actions for the establishment of
fatherhood and origin, if the whereabouts or the habitual residence of the defendant, the mother
and/or the child is not known, the court may order a search for the defendant, the mother and/or the
child [Subsections (4)-(6) of Section 96];
c) special arrangements for taking preliminary evidence (Sections 207-211);
d) interim measures (Section 156);
e) preliminary hearing of the parties concurrently, without a formal hearing.
(5) In the event if the day in court is not set at the time the measures specified in Subsections
(3)-(4) are implemented, the court shall have the statement of claim delivered to the opposing party
at the time of taking the measures.
(6)3 If the court finds that a statement of claim or any attached document contains classified
information, the court shall contact the original classifier requesting clearance for inspection. The
provisions set out in Section 192/A shall apply in these cases as well.

Section 124/A4

If a civil action is brought in court under Subsection (1a) of Section 214 or Subsection (3) of
Section 284 of Act XIX of 1998 on Criminal Procedure (hereinafter referred to as _CP"), it shall be
treated as a statement of claim and shall be treated as if it was submitted originally at the court to
which it was sent.
Setting the Date of Hearing5

Section 1256

1 Established: by Section 107 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.

2 Established by Section 42 of Act XVIII of 2001. Amended by Point 10 of Subsection (37) of Section 85 of Act CCLII of 2013.
3 Enacted by Subsection (2) of Section 13 of Act XXX of 2008. Amended by Subsection (1) of Section 42 of Act CLV of 2009.
4 Enacted: by paragraph (2) Section 74 of Act CLXXXVI of 2013. In force: as of 1. 01. 2014.
5 Established by Section 22 of Act CX of 1999, effective as of 1 January 2000.
6 Established by Section 22 of Act CX of 1999, effective as of 1 January 2000.
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(1) The court shall proceed to have the day in court set within thirty days from the time of
delivery of the statement of claim to the court, and shall deliver the statement of claim and a copy
of the court records made within the meaning of Section 94 to the parties together with a writ of
summons ordering them to appear before the court on this date. If the court_s action is required to
render the statement of claim suitable for having the time of the hearing announced (Section 124),
the time limit for setting the date of the hearing shall begin on this date.1
(2) The hearing shall be scheduled so as to allow at least fifteen days to elapse between the time
the statement of claim is delivered to the defendant and the date of the hearing, or eight days in
connection with employment relationships, actions concerning child support, claims for the
establishment of fatherhood or for the expulsion of a member of a business association, or three
days in actions relating to bills of exchange. This time interval may be reduced by the presiding
judge in cases of urgency.
(3) The hearing shall be scheduled - in accordance with the provisions of Subsection (2) - to put
the first day of the hearing within four months from the time when the statement of claim is
delivered to the court, except where another date is prescribed by law as the initial day of the time
limit. The day in court, however, cannot be set past ninety days from the time when the statement of
claim is delivered to the court. The provisions pertaining to the date of hearing shall not apply if the
writ of summons is to be delivered to the party to a foreign address, and the time required for
delivery shall not permit the hearing to be held in good time. 2
(4) The court shall hear actions relating to bills of exchange in priority proceedings. The hearing
shall be scheduled for the eighth day from the time when the statement of claim is delivered to the
court.
(5) On general principle, hearings shall be held in the official premises of the court, however, for
substantial reason the hearing may be transferred to another venue.

Summons to Appear in Court3

Section 1264

(1)5 The court shall summon to appear in court the person on whose behalf the public prosecutor
or a person or body so authorized by specific other legislation brought action for the enforcement of
his claim.
(1a)6 The court shall summon to appear in the hearing referred to in Subsection (1a) of Section
141 a minor under the age of fourteen through his/her legal representative, where such
representative is held responsible to ascertain the minor_s appearance. Where a minor over the age
of fourteen is summoned to appear the court shall notify the legal representative of the summons
even if the legal representative is summoned as well.
(2) In the writ of summons (Section 96) the parties shall be advised to attend the hearing in person
or that they may be represented by authorized representative defined in Section 67. The writ of
summons for the first hearing shall have attached a copy (duplicate) of the statement of claim,
unless it was previously delivered.

1 The provisions pertaining to time limits shall apply only to the cases opened after 1 January 2003.
2 The provisions pertaining to time limits shall apply only to the cases opened after 1 January 2003.
3 Title enacted by Section 23 of Act CX of 1999, effective as of 1 January 2000.
4 Established by Section 23 of Act CX of 1999, effective as of 1 January 2000.
5 Amended by Subsection (3) of Section 21 of Act CXXX of 2005.
6 Enacted: by Section 21 of Act LXII of 2012. In force: as of 29. 06. 2012.
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(3)1 The parties shall be instructed in the writ of summons to bring all documents pertinent to the
case to the hearing, and the defendant shall be apprised to respond to the claim during the hearing at
the latest, or within the time limit the court has specified, to present the facts and evidence in his
defense, and to submit the documents he may have in connection with the case. Furthermore, the
writ of summons shall contain a notice advising the defendant that he may submit his defense
before the prescribed deadline or have his statement taken for the records [Subsection (4) of Section
94]. The court shall have a duplicate of the written statement, or a copy of the records made thereof
delivered to the plaintiff without delay, or if there is not enough time left, it may be handed over at
the hearing.
(4)2 If warranted by the circumstances of the case, that is to say if the measures referred to in
Subsections (3)-(4) of Section 124 are to be implemented, the court may set a deadline - preceding
the date of the hearing - in the writ of summons for the defendant to make the statement referred to
in Subsection (3). This deadline may not be less than fifteen days. After that the court - if so
permitted by the time available until the day in court - shall order the plaintiff to present his
response to the defendant_s argument within fifteen days.

Prompt Hearing of Oral Claims. Citation to Settlement Proceedings3

Section 127

(1)4 If at the time of stating the claim for the records (Section 94) the defendant has also appeared
before the court together with the plaintiff, at the parties_ request the court shall proceed with the
hearing immediately. In that case the claim shall be stated for the court records, and the case may
not be refused or transferred to another venue with reference to lack of jurisdiction, with the
exception of exclusive jurisdiction. If the court has jurisdiction to hear the case, however, the
defendant did not show at the time of stating the claim for the records, the day in court must be
scheduled immediately and the plaintiff shall be summoned orally.
(2)5 Before bringing action a citation may be requested for settlement proceedings before the
district court of competent jurisdiction to hear the case. The party requesting the citation shall be
informed of the day in court orally as well. The settlement reached shall be fixed in a report and
shall be approved in accordance with Section 148.
(3)6 If both parties appeared yet a settlement is not reached, the court - at the plaintiff_s request -
shall proceed to commit the claim to the records. Further proceedings shall be governed by
Subsection (1).
(4)7 If the party having requested to citation did not show on the day set for negotiating a
settlement, or he did not present his claim at the opposing party_s request, he shall be ordered to
cover the costs incurred at the request of the opposing party. If the opposing party failed to show,
the costs of these proceedings shall be added to the costs of impending action.
(5)8 The provisions of Subsections (1)-(4) shall also apply if the parties appear before the court
without summons, for the purpose of reaching a settlement.

Effects of Bringing Proceedings in Courts

Section 128

1 Established: by Section 4 of Act CXVII of 2012. In force: as of 24. 07. 2012.

2 Established: by Section 4 of Act CXVII of 2012. In force: as of 24. 07. 2012.
3 Established by Subsection (3) of Section 38 of Act VIII of 1957, effective as of 1 March 1958.
4 Second sentence established by Subsection (1) of Section 38 of Act VIII of 1957, effective as of 1 March 1958. Numbering
modified under Subsection (2) of Section 38 of Act VIII of 1957.
5 Enacted by Subsection (2) of Section 38 of Act VIII of 1957. Former second sentence repealed by Subsection (1) of Section 31
of Act LX of 1995, effective as of 29 August 1995. Amended: by subparagraph a) paragraph (14) Section 1 of Act CCXI of
2012. In force: as of 1. 01. 2013.
6 Enacted by Subsection (2) of Section 38 of Act VIII of 1957, effective as of 1 March 1958.
7 Enacted by Subsection (2) of Section 38 of Act VIII of 1957, effective as of 1 March 1958.
8 Enacted by Section 21 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
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The effects of bringing proceedings in courts shall materialize on the date on which the claim or
counterclaim (Section 147) is communicated to the opposing party.

Change of Venue

Section 129

(1)1 If the statement of claim and/or its enclosures contain evidence to indicate that the case falls
within the competence of another court or authority, or the action is subject to the jurisdiction of
another court, and this court (authority) can be identified relying on the documents, the presiding
judge shall move to have the statement of claim transferred to this court (authority). The ruling for
the change of venue shall be delivered to the parties, with a copy of the statement of claim enclosed
with the defendant_s copy. The court shall have powers to reverse the ruling for the change of
venue on its own accord as well. The statement of claim may not be transferred to the new court
(authority) before the ruling for the change of venue becomes effective.
(2) The statement of claim may not be transferred to such court or authority that has already
declared its lack of jurisdiction by final decision.
(3) If a statement of claim is transferred according to Subsection (1), it shall be treated as if it was
submitted originally at that court (authority), to which it was transferred.
(4)2 The court shall decide cases pertaining to change of venue under priority.

Dismissal

Section 1303

(1) The court shall dismiss a claim without issuing a writ of summons [Subsection (1) of Section
125] if there is evidence that:
a) the case is out of the jurisdiction of any Hungarian court pursuant to an act or international
agreement;
b) another court or authority has jurisdiction to hear the plaintiff_s case, however, the provisions
contained in Section 129 may not be applied due to a lack of the necessary information;
c) the action must be preceded by the proceedings of another authority;
d) another action between the same parties for the same right under the same factual grounds is
already in progress in front of the same court or another (Section 128), or the judgment adopted in
respect of the case has already become definitive (Section 229);
e) the party is lacking legal capacity to sue (Section 48);
f) the plaintiff has filed his claim prematurely or it cannot be enforced by judicial proceedings,
except for any case of prescription;
g)4 the action was brought by a person other than the one so authorized by the relevant legislation,
or the action may only be brought against a person specified by the relevant legislation, or specific
persons must be involved in the case, and the plaintiff failed to involve this person (persons) in the
action, in spite of being so ordered, and - unless otherwise provided for by law - the action was
brought against the employer for any violation of rights relating to personality covered by the
employer_s guarantee obligation, or for any other wrong;
h) a time limit applies for bringing action in accordance with specific other legislation, and the
plaintiff failed to observe this time limit, and did not present an application for continuation with
justification, or the court refused such application;
i)5 if the reason referred to in Subsection (2) of Section 124 applies;

1 Established by Section 39 of Act VIII of 1957. Third sentence enacted by Section 13 of Act LX of 1995, effective as of 29
August 1995. Applies to cases in progress as well.
2 Enacted: by Section 108 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
3 Established by Subsection (3) of Section 13 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently. See also Subsection (9) of Section 63 of Act XXX of 2008.
4 Established by Section 2 of Act LXIX of 2013. Amended by Point 14 of Subsection (37) of Section 85 of Act CCLII of 2013.
5 Established: by Section 109 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
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j) the plaintiff failed to resubmit the statement of claim that was returned for remedying
discrepancies (Section 95) in due time, or the resubmitted statement of claim was still incomplete,
thereby effectively preventing the evaluation of the statement of claim.
(2) The ruling on the refusal of the statement of claim shall be delivered to the parties, with a
copy of the statement of claim enclosed with the defendant_s copy.
(3) Where a case has already been resolved by final judgment based on the action brought by the
party, the public prosecutor or a person or body so authorized by specific other legislation, the court
shall - in accordance with Paragraph d) of Subsection (1) - dismiss any subsequent action brought
for the same right under the same factual grounds, provided that the judgment was delivered to the
party on whose behalf the action was initiated, and it is binding upon this party as well (Section
228).
(4)1 As regards any action in progress for the termination or limitation of an enforcement
procedure, where the plaintiff alleges invalidity pursuant to Paragraph a) of Section 369, the court
shall dismiss - in accordance with Paragraph d) of Subsection (1) hereof - any motion submitted by
said plaintiff in connection with a contract executed in a document with an enforcement clause
affixed or a contract underlying a unilateral commitment executed in a document with an
enforcement clause affixed for bringing a separate action for declaring such contracts ineffective.

Section 131
If a court has already declared its lack of competence or jurisdiction for any reason, the court of
competence may not adopt a decision in contradiction with this cause, declining its own
competence or jurisdiction in order to transfer the case back to the previous court.

Maintaining the Legal Facilities Stemming from the Submission of a Statement of Claim

Section 132

(1)2 If the claim is dismissed under Section 130, the legal facilities stemming from the submission
of the statement of claim shall remain in effect if the plaintiff resubmits the statement of claim - in
compliance with Subsection (1) of Section 121, excluding the enclosures already submitted as
prescribed - within thirty days from the effective date of the relevant decision in accordance with
the relevant regulations, or if the plaintiff moves to seek other legitimate ways to enforce his claim.
(2)3 If the attempt to deliver the statement of claim failed due to the defendant_s death, or due to
some other reason, the legal facilities stemming from the submission of the statement of claim shall
remain in effect if the plaintiff supplies the information necessary for delivery within thirty days
from the date of receipt of notice concerning the failed attempt of delivery, or if he requests to have
the writ of summons served by way of public notification.
(3)4
(4)5 No application for continuation will be accepted upon failure to meet the time limits specified
in this Section.

CHAPTER IX

The Hearing

Conduct of Hearings

1 Enacted by Section 1 of Act CLVIII of 2016, effective as of 1 January 2017.

2 Established: by Section 5 of Act CXVII of 2012. In force: as of 24. 07. 2012.
3 Established by Subsection (1) of Section 41 of Act VIII of 1957, effective as of 1 March 1958.
4 Repealed by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Also applies to proceedings in
progress.
5 Numbering modified by Subsection (2) of Section 41 of Act VIII of 1957.
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Section 133

(1) Hearings are supervised by the presiding judge. Within the framework of law, the presiding
judge shall determine how the hearing shall proceed. The parties and other persons whose testimony
is heard by the presiding judge may be examined - apart from the court officials - by the parties and
their counsels as well.
(2) The presiding judge shall not allow the hearing to take a course deviating from the case, and
shall not allow questions that have the capacity to influence the person examined outside the scope
of the case, nor any replies to such questions.

Maintaining Order

Section 1341

(1) The presiding judge shall provide for maintaining order during the hearing and for
safeguarding the dignity of the hearing.
(2) With a view to conducting the hearing properly and to maintaining its dignity, and for reasons
of security the presiding judge shall have powers to limit the number of the audience that can be
accommodated.
(3) Apart from members of the police and on-duty prison guards, no other person shall be allowed
to enter the court room bearing firearms or any other weapon suitable for disrupting the procedure.
No person summoned to appear before the court shall be allowed to enter the court room bearing
arms.
(4) The presiding judge shall have authority to remove any member of the audience who appear in
a condition or attired to dishonor the dignity of the court.
(5)2 The presiding judge shall discipline the parties and their counsels, other litigants, as well as
witnesses and experts, and members of the audience for causing any disturbance of the proceedings.
If they engage in disorderly conduct repeatedly and more severally, the court shall impose a
financial penalty (Section 120). If a party and his counsel, other litigant or a witness or expert
appear in a condition or attired to dishonor the dignity of the court, the court may impose a financial
penalty upon such person.
(6)3 In the case of any repeated or more serious disturbance of the order of the hearing, the court
may order to have the parties and their counsels, other litigants, as well as witnesses and experts,
and members of the audience removed from the court room in addition to or without a financial
penalty, or after having a financial penalty levied. Expulsion or removal from the court room may
be implemented, should a party and his counsel, other litigant or a witness or expert appear in a
condition or be attired to dishonor the dignity of the court during any subsequent hearing held after
the financial penalty had been imposed.
(6a)4 If the party, the person concerned or the witness is a minor, the provisions set out in
Subsections (5) and (6) shall apply with the exception that:
a) reprimand shall be commensurate with the minor_s age and degree of maturity;
b) no fine may be imposed upon a minor under the age of fourteen years;
c) in the case of any repeated or more serious disturbance by a minor over the age of fourteen
years, the presiding judge shall decide under advisement whether a fine is in order.
(7) The court shall instruct the party - if expelled - to provide for his representation within the
time limit prescribed; if the party_s legal counsel had been expelled, the court shall advise the party
to appear in the hearing in person, or to appoint a replacement counsel. In the event of
non-compliance the party shall be subject to the consequences of omissions. In connection with the
expulsion of a witness or an expert, Section 185 shall apply.

1 Established by Subsection (1) of Section 35 of Act LXXIX of 2008, effective as of 1 February 2009.
2 Amended by Point 15 of Subsection (37) of Section 85 of Act CCLII of 2013.
3 Amended by Points 15 and 16 of Subsection (37) of Section 85 of Act CCLII of 2013.
4 Enacted by Subsection (13) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(8) The court shall notify the competent authority of any disorderly conduct that may require
criminal or disciplinary proceedings, and if the person in question has to be arrested, the court shall
order to have this person detained and shall file charges at the same time.
(9) The provisions for maintaining order in the court room shall also apply if the court is taking
procedural steps without a formal hearing for the taking of evidence.

Use of Sound and Audiovisual Recording Equipment in Hearings 1

Section 134/A2

(1) In public hearings the use of sound and audiovisual recording equipment is allowed as
prescribed by the court without any time limit.
(2) In public hearings the press shall be permitted to use sound and audiovisual recording
equipment in respect of court officials, the clerk keeping the records and on the public prosecutor.
(3) With the exception of the public prosecutor, sound and audiovisual recordings may be made
on the parties and other persons involved, including their legal counsels, witnesses, experts,
interpreters and on the holders of articles of inspection subject to their express consent. If necessary,
the court shall order these persons to make a statement whether or not they consent to the making of
sound and audiovisual recordings; and if such consent is given, it shall be indicated in the court
records including the contents of their statement. Unless otherwise prescribed by law, sound and
audiovisual recordings can be made on persons performing any State or municipal government
function, or performing other public duties, if this person is involved in the proceedings in
connection with discharging his public function, without their consent.
(4)3 The presiding judge_s responsibility for maintaining order in the court room shall include to
provide for the protection of the rights relating to personality of the persons referred to in
Subsection (3).

Presence of Parties at the Hearing

Section 135

(1)4 After opening the proceedings the presiding judge shall establish whether the parties are in
attendance or represented by counsel. If either of the parties is not present, it shall be determined
whether the writ of summons had been served as required. That being done, the party shall be
declared absent from the hearing and the provisions on omissions shall be applied; in all other cases
the hearing shall be postponed. Furthermore, the sanctions applicable to omissions may be applied:
a)5 if the statement of claim is to be served in accordance with Regulation (EC) No. 1393/2007 of
the European Parliament and of the Council of 13 November 2007 on the service in the Member
States of judicial and extrajudicial documents in civil or commercial matters, and no certificate of
service had been received, provided that the conditions set out in Article 19(2)a)-c) of the
Regulation are satisfied; or
b) if the statement of claim is to be served in accordance with the Hague Convention of 15
November 1965 on the service abroad of judicial and extrajudicial documents in civil or
commercial matters, and no certificate of service had been received, provided that the conditions set
out in Article 15(2)a)-c) of the Convention are satisfied.
(2)6 If the party left the country during the proceedings and did not appoint a resident authorized
representative for handling the case, this party shall be subject to the consequences of omissions
also if he could not have been ordered to appear in the hearing.
1 Enacted by Section 14 of Act XXX of 2008, effective as of 1 July 2008.
2 Enacted by Section 14 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well.
3 Amended by Point 17 of Subsection (37) of Section 85 of Act CCLII of 2013.
4 Last sentence enacted by Section 1 of Act XXX of 2003. Amended by Section 5 of Act XXXVI of 2005. As regards the entry into
force of the latter amendment see Subsection (2) of Section 9 of Act XXXVI of 2005 and Article 28(3) of the Convention
promulgated by the same act. (The Convention became binding upon the Republic of Hungary on 1 April 2005.)
5 Amended by Subsection (4) of Section 63 of Act XXX of 2008.
6 Amended by Subsection (2) of Section 31 of Act LX of 1995.
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(3)1 If, in the cases referred to above, no certificate of service (acknowledgement of receipt) had
been received before the scheduled day of the hearing in proof of the writ of summons being served
to the party, the court shall decide after the writ of summons is returned as to whether the party
shall be declared absent from the hearing, and apply the provisions on omissions accordingly. If in
these cases the hearing is cancelled, only the resolution shall be delivered and the parties shall be
notified of the new day in court. The fact that no certificate of service is available shall not preclude
the publication of the resolution.
(4)2 If the authorized or legal representative present on behalf of the party failed to present his
power of attorney or failed to verify his right of representation for arguing the case, such person
attending on the party_s behalf shall be instructed to present his power of attorney or to verify his
right of representation for arguing the case. If the person claiming to be an authorized representative
is unable to represent the party pursuant to Sections 67-68, the party shall be advised to appear in
person or to appoint an authorized representative within the prescribed time limit to participate in
the hearing.
(5)3 If the discrepancy referred to in Subsection (4) can be remedied, the court may decide to
move on with the hearing before it is done, and shall be required to do so upon the opposing party_s
request. If the said discrepancy is not remedied in due time, or before the hearing held past the time
limit is concluded, or if the party did not approve of the proceedings, at the opposing party_s
request the consequences of omissions shall be applied, and the person in default of remedying the
said discrepancy shall be ordered to cover the costs incurred.

Consequences for Failure to Appear at the Hearing

Section 1364

(1) If the plaintiff fails to appear at the first hearing, and did not previously request the court to
proceed with the hearing in his absence, the court shall dismiss the case at the defendant_s request.
(2)5 If the defendant fails to appear at the first hearing, and did not present his defense in writing,
the court shall issue - at the plaintiff_s request - a court order against the defendant consistent with
the claim disclosed in the writ of summons, and shall order him to cover the plaintiff_s costs. The
court may not issue the order if the action should be dismissed.
(3) The court order shall indicate the name of the court and the case number, the decision, the
order for bearing the costs of the proceedings, and - if applicable - the availability of preliminary
enforcement, the possibility for lodging a statement of opposition, and shall make reference to the
fact that a binding court order has the same effect as the verdict. Outside of establishing the
omission the court order need not be justified.
(4) Where a witness or expert is summoned to appear at the first hearing, the court shall examine
such witness or expert if present. If this provides sufficient information to resolve the case, the court
shall pass its decision in accordance with the general provisions, or shall decide whether to issue a
court order or to set another hearing.

Section 136/A6

1 Enacted by Subsection (1) of Section 42 of Act VIII of 1957, effective as of 1 March 1958.
2 Numbering modified by Subsection (2) of Section 42 of Act VIII of 1957.
3 Numbering modified by Subsection (2) of Section 42 of Act VIII of 1957.
4 Established by Section 23 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
5 Amended by Subsection (2) of Section 31 of Act LX of 1995.
6 Enacted by Section 23 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
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(1)1 The court order may be contested by either of the parties orally or in writing, within fifteen
days from the time of receipt, by way lodging a statement of opposition at the court issuing the
order. The court order shall not be considered contested if the defendant acknowledges the amount
claimed completely, and only requests installment or deferred payment arrangements, or the
correction of the court order. If the statement of opposition is lodged in due time, the court having
issued the court order shall set a new date for the hearing. Where legal representation is prescribed
mandatory and the defendant appears in the hearing set on the basis of the statement of opposition
or presents a counter-plea on the merits in writing, in respect of the objection to offsetting and the
counterclaim this shall be construed as the first day of the hearing.
(2) The part of the court order that is not contested by a statement of opposition shall enter into
effect, and the new hearing shall be scheduled regarding the contested part only. The defendant
shall be ordered to cover the costs of the first hearing, if missed, even if eventually succeeds. The
fee of the statement of opposition may not be charged to the other party. If the statement of
opposition pertains to the court costs only, the court shall decide without a formal hearing, by way
of a ruling.
(3)2 If a court order is issued against a defendant to whom the statement of claim had to be served
in accordance with:
a)3 Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13
November 2007 on the service in the Member States of judicial and extrajudicial documents in civil
or commercial matters, or
b) the Hague Convention of 15 November 1965 on the service abroad of judicial and extrajudicial
documents in civil or commercial matters,
an application for continuation with justification may be lodged within one year from the time of
issue of the court order in the event of missing the deadline for contesting the court order. The
application for continuation must show cause for defense. This rule shall not apply to actions
relating to the status or capacity of persons.
(4)4 If the defendant fails to observe the new deadline set on the basis of the statement of
opposition, and did not present a counter-plea (Section 139), the court shall sustain the previous
order, and shall order the defendant to cover the costs incurred in these proceedings as well. This
order may not be contested by a statement of opposition and may not be appealed.

Section 136/B5

(1) Where either of the parties fail to appear at a subsequent hearing - with the exception of a
hearing set on account of a statement of opposition at which the defendant failed to appear -, the
court shall conduct the hearing at the request of the opposing party attending, or at the plaintiff_s
request submitted previously, if absent, or may set a new day in court.
(2)6 If the court proceeds to hold the hearing, the party in default may be informed concerning the
pleadings and arguments of the party attending, as well as his request for the performance of taking
of evidence, of which he was not previously informed, with a copy of the court records or the
preparatory documents communicated by the opposing party delivered, including a notice to make
known his observations in a preparatory document under Subsection (3) of Section 141, or present
them orally at the next hearing. In this case the court shall reschedule the next hearing.
(3)7 Pleadings and arguments and request for the performance of taking of evidence already made
known to the party in default shall be construed as satisfaction of the plea is not objected, the
authenticity of the argument is not contested, and the taking of evidence is not opposed by the party
in default, except if this would contradict his statement made during the action previously.
1 Established: by Section 110 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
2 Established by Section 6 of Act XXXVI of 2005, effective as of 1 April 2005. As regards the entry into force of the latter
amendment see Subsection (2) of Section 9 of Act XXXVI of 2005 and Article 28(3) of the Convention promulgated by the same
act. (The Convention became binding upon the Republic of Hungary on 1 April 2005.)
3 Amended by Subsection (4) of Section 63 of Act XXX of 2008.
4 Established by Section 15 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also
Subsection (1) of Section 65 of Act XXX of 2008.
5 Enacted by Section 23 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Former last sentence repealed by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Also applies
to cases opened previously.
7 Former frist and second sentences repealed and third sentence amended by Subsection (2) of Section 31 of Act LX of 1995,
effective as of 29 August 1995. Also applies to cases opened previously.
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Suspension of Proceedings

Section 1371

(1)2 Proceedings shall be suspended if:

a) the parties notify the court of their agreement therefor before the first hearing or any time
during the proceedings of the first instance, or
b) neither of the parties appear at any hearing, or the party present does not wish to proceed with
the hearing or refuses to make any statement, and the plaintiff absent did not previously request the
court to proceed with the hearing in his absence in neither of the cases, or
c) the plaintiff cannot be summoned from the address indicated, or moved to a place unknown,
and the defendant did not requests to have the writ of summons served by way of public
notification, or does not wish to proceed with the hearing or refuses to make any statement, or
d) the writ of summons should be served by way of public notification, and the party did not
request it.
(2)3 The suspension shall not effect the continuance of time limits. At the request of either of the
parties the proceedings shall be continued.
(3)4 Where proceedings are suspended for over six months the action shall be dismissed. No
application for continuation will be accepted upon failure to meet this time limit.
(4) Any binding partial verdict and interlocutory judgment (Section 213) adopted during the
action shall not be effected if the action is dismissed.

Conduct of a Hearing

Section 138

(1) At the beginning of the first hearing the plaintiff or the presiding judge shall read out or
explain the statement of claim. Next the plaintiff is to plead if he maintains the claim presented in
the statement of claim unaltered, or shall indicate the changes or revisions he wishes to make, if
any.
(2) If the plaintiff did not appear at the hearing, it is not necessary to read out or explain the
statement of claim.

Section 1395

After the plea of the plaintiff the defendant shall present his counter-plea, aiming either to have
the case dismissed (Section 157), or it offers defense argument, or contains a cross-claim
(counterclaim, set-off) against the plaintiff_s claim. In the counter-plea the defendant shall present
the facts underlying his defense and the supporting evidence.

Section 140

(1) If the defendant moves in his counter-plea to have the case dismissed (Section 157), the court
shall first address and resolve this issue.
(2) The court, while listening to arguments relating to having the case dismissed, may order the
defendant to put forward his defense on the merits of the case, and may order the parties to present
their case before making a decision as to having the case dismissed. In this case the restriction set
out in Subsection (2) of Section 158 shall not apply.

1 Established by Section 38 of Act VI of 1954, effective as of 1 August 1954.

2 Established by Section 44 of Act VIII of 1957, effective as of 1 March 1958.
3 Established by Section 8 of Act LXVIII of 1992, effective as of 1 January 1993.
4 Established by Section 8 of Act LXVIII of 1992, effective as of 1 January 1993.
5 Established by Section 25 of Act CX of 1999, effective as of 1 January 2000.
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(3) No arguments may be heard on the merits of the case under Subsection (2) if the defendant_s
motion for having the case dismissed is based on the plaintiff_s omission, or on the plaintiff_s
withdrawal under mutual agreement [Paragraphs d)-f) of Section 157].

Section 141

(1)1 If the motion for having the case dismissed is denied, the court shall proceed to hear the
arguments of the parties on the merits of the case, and if the facts can be determined during the first
hearing, the court shall adopt a decision without delay. Furthermore, the court shall interview the
parties to obtain the information necessary for the identification of the party affected in enforcement
procedures (for natural persons: place and date of birth, mother_s name, home address,
employment, tax identification code; for economic operators: registered office, registration number,
tax number, payment account number and the name of the payment service provider carrying the
account). If the court has any doubt as to the identity of the party affected, it may proceed:
a) to verify the data provided in proof of identity and home address by way of cross-referencing
such data with data shown in the relevant records, and
b) to verify the data contained in the official document presented for the purpose of identification
and in the document evidencing right of residence by way of cross-referencing such data with data
shown in the relevant records
by way of electronic means or by accessing the relevant databases directly.
(1a)2 A minor over the age of fourteen who has no competency in legal proceedings, or a minor
under the age of fourteen who is capable of forming his or her own views may be heard by the court
if deemed necessary, limited - however - to factual questions only.
(1b)3 Prior to the hearing mentioned in Subsection (1a) above, the party of minor age shall be
informed of the provisions contained in Subsection (2) of Section 8 and in Subsection (1c) of this
Section in a manner adapted to the minor_s age and level maturity, in a child-friendly manner.
(1c)4 During the hearing referred to in Subsection (1a) above, Subsection (3) of Section 8 shall
not apply with respect to minors under the age of fourteen, and Paragraph c) of Subsection (3) of
Section 8 shall not apply with respect to minors over the age of fourteen.
(2)5 The court - if so required to ascertain the relevant facts of the case - order the parties to make
their pleas and shall perform the taking of evidence procedure. The party shall present the facts,
make his pleas and submit any supporting evidence in due time and in a timely manner as consistent
with and pertaining to the status of case, and as the case progresses. If the taking of evidence cannot
be performed in spite of this during the first hearing, the court may adjourn the hearing and order
more elaborate preparations for the case.
(3)6 Written preparations may be ordered only if the party is represented by counsel, or if making
written preparations is not considered to cause considerable difficulties to the party or his legal
counsel.
(4) When making written preparations, the document relating thereto shall be presented, unless
otherwise ordered by the court, during the first third of the hearing, and the opposing party_s
statement relating thereto shall be submitted to the court in due time to permit the other party to
make his response during the hearing.
(5)7 The presiding judge, relying on the preparatory documents and other data made available,
shall summon the witnesses and the parties to appear in person on the day scheduled for the next
session, if deemed necessary for deciding the case, and if the party is not entitled to request the said
documents directly [Subsection (1) of Section 192], the court shall move to obtain the documentary
evidence at the request of the party adducing evidence.

1 Established by Section 1 of Act CLXXX of 2015, effective as of 4 December 2015.

2 Enacted: by Section 22 of Act LXII of 2012. In force: as of 29. 06. 2012.
3 Enacted: by Section 22 of Act LXII of 2012. In force: as of 29. 06. 2012.
4 Enacted: by Section 22 of Act LXII of 2012. In force: as of 29. 06. 2012.
5 Established by Subsection (1) of Section 15 of Act LX of 1995, effective as of 29 August 1995.
6 Established by Subsection (1) of Section 26 of Act CX of 1999, effective as of 1 January 2000.
7 Established by Subsection (2) of Section 26 of Act CX of 1999, effective as of 1 January 2000.
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(6)1 Where either of the parties falls in delay in presenting the facts, making his pleas and
submitting any supporting evidence - in violation of the obligation set out in Subsection (2) -
without just cause, and fails to remedy the situation when so ordered by the court, the court shall
adopt a decision in the absence of the party_s presentment, except if the court is of the opinion that
waiting for the party_s presentment shall not delay the conclusion of the proceedings.

Subsequent Hearing

Section 1422

(1) If not precluded by the circumstances of the case, when the hearing is adjourned the court
shall set the day of the subsequent hearing immediately and shall announce it to the parties present.
(2) If not precluded by the circumstances of the case, the day of the subsequent hearing shall be
set within a period of four months from the day of the adjourned hearing.
(3) Subsection (5) of Section 125 shall apply to subsequent hearings as well.

Section 143
(1)3 In subsequent hearings a description of the preparatory documents and other submissions
shall be provided.
(2)4

Section 144

If in a subsequent hearing the acting panel is composed of judges other than the ones involved in
the action previously, the presiding judge shall recite the pleas of the parties, the court records on
the previous hearings, the outcome of the taking of evidence and other documents pertaining to the
case, to which the parties shall have the right to respond.

Closing Out of Hearings

Section 145

(1) Where the action or any issue has reached a stage for passing judgment, the presiding judge
shall close the hearing.
(2) Before closure of the hearing the presiding judge shall advise the parties thereto and ask to
make any closing statements they may have.
(3) The court may decide to reopen a case that has been closed before passing judgment, where
further arguments are deemed necessary for clarifying some issues. The hearing shall be reopened,
and the court shall proceed according to Section 144 if any changes took place in the person of the
judges between the time of closure and the delivery of judgment.

Change of Action

Section 146

1 Enacted by Subsection (2) of Section 15 of Act LX of 1995, effective as of 29 August 1995.

2 Established by Section 27 of Act CX of 1999, effective as of 1 January 2000.
3 Established by Section 46 of Act VIII of 1957, effective as of 1 March 1958.
4 Repealed by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Also applies to proceedings in
progress.
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(1) The plaintiff shall have the right to change his claim before the time when the hearing
preceding the giving of judgment in the first instance is adjourned, provided that the claim is arising
from or relates to the same cause of action as the original claim. Change of action shall be notified
in writing or shall be stated for the records.
(2) The claim may be extended within the time frame referred to in Subsection (1) to any
defendant not originally involved in the action pursuant to Section 51.
(3)1
(4) In the case of change of action, Section 139 shall apply to the defendant_s counter-plea.
(5)2 The following shall not be construed change of action:
a) if - without changing the claim enforced by the action - the plaintiff produces new evidence to
support his claim, or updates previous evidence;
b) if the plaintiff demands another thing instead of the asset originally claimed due to subsequent
changes, or to demand compensation for damages;
c) the plaintiff reduces his claim, or extends the claim to ancillary costs not originally demanded,
and/or to any installment of any claim or ancillary costs falling due during the hearing;
d) the plaintiff requests performance in lieu of declaration, or vica versa (Section 123).

Section 146/A3
(1) Where legal representation is prescribed mandatory, plaintiff shall be allowed to make
changes in his claim - by way of derogation from the general provisions (Section 146) - within
thirty days after the defendant has presented his counterclaim on the merits, with the exceptions set
out in Subsection (2)-(4).
(2) If the defendant lodges an objection of imputation or a counterclaim, the plaintiff shall be
allowed to make changes in his claim within thirty days from the time of delivery of the objection
or counterclaim.
(3) The plaintiff shall be allowed to make changes in his claim with the consent of the defendant
at any time.
(4) The plaintiff shall be allowed to make changes in his claim before the hearing preceding the
giving of judgment in the first instance is adjourned, if he presents any fact or evidence, or any
binding court or other official decision of which he was unaware before the deadline normally
prescribed for the presentment of such motion without any fault on his part, and if he is able to
produce credible proof to that effect.
(5) No changes can be made in a claim if the defendant has lodged an objection of imputation or a
counterclaim in response to changes made by the plaintiff in his claim.
(6) The court shall dismiss the plaintiff_s request for change of claim by way of a ruling if it was
submitted in violation of the provisions of Subsection (1)-(5); this ruling may not be appealed
separately.

Section 146/B4
The provisions of Section 146/A shall not apply where the amount in dispute is above two
hundred million forints.

Counterclaim

Section 147

1 Repealed by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Also applies to proceedings in
progress.
2 Enacted: by Section 111 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
3 Enacted: by Section 112 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
4 Enacted: by paragraph (1) Section 2 of Act LI of 2012. In force: as of 26. 05. 2012.
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(1)1 Before the time when the hearing preceding the giving of judgment in the first instance is
adjourned the defendant may launch a counterclaim against the plaintiff, provided that the claim is
arising from or relates to the same cause of action as the plaintiff_s claim, or if the claim which is
the subject matter of the counterclaim can be set-off against the plaintiff_s claim. The court shall
dismiss the counterclaim without hearing any arguments as to the merits of the case, if it is evident
that the party submitted it in delay with an intent to hamper the proceedings.
(2)2 Where a counterclaim falls within the competence of the general court as far as the full
amount of the claim is concerned, it may be brought before a district court only if the counterclaim
can be satisfied through a set-off, and if the district court has competence concerning the amount of
the claim that is in excess of the plaintiff_s claim.
(3) In actions relating to property rights the court seised of the original proceedings shall have
jurisdiction for the counterclaim even in the absence of any other cause of jurisdiction.
(4) In connection with counterclaims, the provisions of Section 139 relating to the defendant_s
counter-plea shall also apply to the plaintiff_s counter-plea.

Section 147/A3

(1) Where legal representation is prescribed mandatory, the defendant shall be allowed to lodge
an objection of imputation or a counterclaim - by way of derogation from the general provisions
(Section 147) - within thirty days after the first hearing, with the exceptions set out in Subsection
(2) and (3).
(2) The defendant, in the case of change of claim under Subsections (1)-(4) of Section 146/A,
shall be allowed to submit an objection of imputation or a counterclaim within thirty days of receipt
of notice concerning the change of claim, or shall be allowed to amend the objection of imputation
or counterclaim submitted according to Subsection (1).
(3) If the claim requested to be satisfied by way of offsetting expired after the time limit specified
in Subsection (1) or (2), the defendant shall be allowed to submit an objection of imputation - in
addition to what is contained in Subsections (1) and (2) - within thirty days after the expiry of this
deadline.
(4) The court shall dismiss the defendant_s objection of imputation or a counterclaim by way of a
ruling, if it was submitted in violation of the provisions of Subsection (1)-(3); this ruling may not be
appealed separately.

Section 147/B4

The provisions of Section 147/A shall not apply where the amount in dispute is above two
hundred million forints.

Settlement

Section 148

(1) The court may attempt at any time during the proceedings to steer the parties towards a
settlement concerning the whole or certain parts of the dispute.

1 Second sentence enacted by Section 24 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
2 Amended: by subparagraph e) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph e)
paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
3 Enacted: by Section 113 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
4 Enacted: by paragraph (2) Section 2 of Act LI of 2012. In force: as of 26. 05. 2012.
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(2)1 The court - if there is any possibility to make it successful, particularly if requested by either
of the parties - shall inform the parties as to the essence of mediation proceedings, on the
availability of such proceedings, and in that context, on the rules for the stay of proceedings
[Paragraph a) of Subsection (1) of Section 137]. If the parties reach an agreement in the mediation
proceedings, it may be submitted to the court for approval as a settlement within the time limit
specified in Subsection (3) of Section 137, in which case the court shall continue the proceedings
according to Subsection (3) hereof.
(3)2 If the settlement - including the one referred to in Subsection (2) - is found in conformity
with the relevant legislation, the court shall approve it by way of a ruling, or shall refuse it and
move on with the proceedings.
(4)3 A court-approved settlement is enforceable in the same manner as a judgment; an appeal
lodged against the ruling of approval shall have no suspensory effect on the enforcement of the
settlement.

Separation, Consolidation, Change of Venue

Section 149
(1) Where deemed feasible with a view to resolving the dispute, the court may order that certain
claims within the action, or certain segments of claims that can be separated, as well as the issues
that can be resolved individually be heard in separate proceedings.
(2) The court shall have powers to consolidate actions brought before it for the purpose of
adopting a joint decision upon a joint hearing, where the subject matter of these cases are related.
(3)4 In the disputes between economic operators, actions brought before district courts of the
same competent jurisdiction may be joined as well; the general courts may join actions heard by
local courts in their territory of jurisdiction with actions pending before them. Where consolidation
has been ordered by several district courts of the same competent jurisdiction, the one that first
decided as to consolidation shall proceed to hear the case.
(4)5 Where a claim is presented by the parties jointly, the court shall move to consolidate the
actions if the relevant conditions are satisfied. The ruling rejecting the request may be appealed. If
the actions are consolidated at the parties_ request the court shall thereafter proceed accordingly.

Section 1506

An action for maintenance brought by a spouse, if separated, shall be transferred - if matrimonial

proceedings are also launched - to the court hearing such matrimonial proceedings, provided that
the original action is not yet concluded in the first instance.

Continuance

Section 1517

1 Established by Subsection (14) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Section 17 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
3 Numbering modified by Section 17 of Act XXX of 2008.
4 Enacted by Section 9 of Act LXVIII of 1992, effective as of 1 January 1993. Amended: by subparagraph o) Section 204 of Act
CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph f) paragraph (14) Section 1 of Act CCXI of 2012. In
force: as of 1. 01. 2013.
5 Enacted by Section 10 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress as well.
6 Established by Section 47 of Act VIII of 1957, effective as of 1 March 1958.
7 Established by Section 28 of Act CX of 1999, effective as of 1 January 2000.
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(1) Where so requested by the parties jointly at least eight days before the scheduled day of the
hearing, with justification included, the court shall grant continuance and set a new date for the
hearing. If the request for continuance is submitted within that time limit, the hearing may be
postponed in exceptional cases only. If the motion is presented during the hearing, the court may
grant continuance only if the claim was not communicated to the defendant in due time, or if the
plaintiff changes his claim during the hearing, or made substantial revisions in any other plea
presented previously, in connection with which the defendant is to be given ample time to present
his counter-plea. The court shall have the right to postpone the proceedings of its own motion only
for important reasons, with the reasons indicated. If continuance is granted, the persons summoned
shall be notified in advance, given the possibility.
(2) If continuance is granted, the witnesses and experts present as summoned shall be examined
nonetheless, given the possibility.

Stay of Proceedings

Section 152

(1) If the outcome of the hearing depends on the adjudication of a prior matter for which the
proceedings belong to the jurisdiction of a criminal court or administrative body, the court shall stay
the proceedings until the final conclusion of such other proceedings. If these proceedings are not yet
opened, the court shall move to have the criminal proceedings initiated in the case of felonies, or
shall set a time limit for the opening of the proceedings as appropriate. In the event of
non-compliance with the said time limit, the hearing shall be continued.
(2) Furthermore, the court shall have powers to stay the proceedings if the outcome of the hearing
depends on the adjudication of a prior matter for which another civil action or other civil
proceedings falling within the court_s competence are already pending.
(3)1 If the court orders the parties to submit to compulsory mediation, it shall simultaneously
order the stay of its own proceedings. The court, in its ruling ordering the parties to submit to
compulsory mediation and the stay of its own proceedings, shall instruct the parties to submit to the
court a joint application for court mediation within eight days or to enclose a copy of the ruling
ordering mediation proceedings to the request submitted to the mediator. When delivering its
decision, the court shall inform the party without legal counsel on the rules set out by law on
initiating compulsory mediation proceedings.
(4)2 If the hearing was stayed on account of the opening of compulsory mediation, it shall be
continued if:
a) either of the parties verify that the mediation process has been concluded,
b) either of the parties verify of having participated in the first mediation hearing, however, the
mediation process had not been opened, or
c) two months has passed since the time of delivery of the ruling ordering the parties to submit to
compulsory mediation, during which time the parties failed to submit either of the presentments
provided for in Paragraphs a) and b).
(5)3 If the mediation proceedings in progress is not expected to be concluded within two months
from the time of delivery of the ruling ordering the parties to submit to compulsory mediation, and
the parties jointly notify the court thereof eight days before the deadline, the hearing may not be
continued insofar as the mediation proceedings are concluded. Enclosed with the aforementioned
notification the parties are to provide proof that the mediation process is ongoing.

Section 153

(1) If the outcome of the hearing depends on the existence or validity of marriage, or on the
court_s decision as to the family status of a child, and an action is in progress in this respect, the
hearing shall be stayed until the final conclusion of such hearing.

1 Established by Subsection (1) of Section 18 of Act LXXI of 2015, effective as of 1 July 2015.
2 Enacted by Subsection (15) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Enacted by Subsection (15) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(2)1 If the outcome of the hearing depends on the validity of marriage, the hearing shall be stayed
also if the action for annulment is not yet in progress, but any of the parties has the entitlement to
bring such an action; in this case an appropriate time limit shall be set for opening the action for
annulment simultaneously with ordering the stay of the proceedings, however, in the event of any
failure to meet such time limit the stayed hearing shall be continued.
(3)2 In child support actions, no stay of proceedings under Subsection (1) shall prevent the court
to award maintenance payments for the child by way of provisional measures. If deemed necessary,
the court may adopt a decision of its own motion for awarding temporary support payments.

Section 154

(1) Where a party is drafted for military duty, the court may order the stay of the proceedings,
except if the action is brought for maintenance payments, and apart from actions where a rapid
decision is required for important reasons.
(2) In the case of Subsection (1), the court shall notify the party_s military superior concerning
the stay or continuance of the proceedings.

Section 155
(1) Upon the stay of proceedings all deadlines shall be discontinued, and shall recommence when
stay is terminated.
(2) All court orders introduced during the period of stay, pertinent to the merits of the case, and
all acts made by the parties during the proceedings shall be null and void, except for the court
orders and acts relating to the stay of proceedings or the termination of interruption.
(3)3 The court_s decision on the stay of proceedings - excluding the ruling ordering the parties to
submit to compulsory mediation and the stay of the court_s proceedings - may be contested
separately; however, the court shall have powers to reverse such decision on its own accord as well.

Preliminary Opinion of the European Court of Justice4

Section 155/A5

(1) The court may request the European Court of Justice to provide a preliminary opinion in
accordance with the Treaty establishing the European Community.
(2)6 The court shall - by way of a ruling - request the European Court of Justice to provide a
preliminary opinion, and shall simultaneously order the stay of the proceedings. The court shall
adopt a ruling to define the matter for which the preliminary ruling of the European Court of Justice
is required, and shall outline the facts to the extent required for replying to the question referred,
and the pertinent passages of the Hungarian legal system. The court shall send a copy of its ruling to
the minister in charge of the judicial system for information purposes at the same time when
delivering it to the European Court of Justice. If the court denies the motion for preliminary ruling
procedure, it shall be conveyed in a ruling. The court shall give reasons for its ruling of denial at the
latest in its decision delivered in conclusion of the proceedings.
(3)7 The ruling on requesting the above-specified preliminary ruling and the ruling of denial of
the motion for preliminary ruling procedure may not be appealed separately.

1 Established by Subsection (1) of Section 48 of Act VIII of 1957, effective as of 1 March 1958.
2 Enacted by Subsection (2) of Section 48 of Act VIII of 1957, effective as of 1 March 1958.
3 Established by Subsection (16) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Enacted by Section 3 of Act XXX of 2003, effective as of the operative date of the Act promulgating the treaty on the accession
of the Republic of Hungary to the European Union. Applies to cases in progress as well.
5 Enacted by Section 3 of Act XXX of 2003, effective as of the operative date of the Act promulgating the treaty on the accession
of the Republic of Hungary to the European Union. Applies to cases in progress as well.
6 Established by Section 2 of Act CLXXX of 2015, effective as of 4 December 2015.
7 Established by Section 2 of Act CLXXX of 2015, effective as of 4 December 2015.
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Initiating the Proceedings of the Constitutional Court, and the Proceedings of the Curia for
the Review of Municipal Decrees1

Section 155/B2

(1) The proceedings of the Constitutional Court in connection with any law or statutory provision,
legal act for the governance of bodies governed by public law or harmonized decision, that is
alleged to be contrary to the Fundamental Law or to an international treaty may be initiated by the
courts of their own motion or upon request, in accordance with the Act on the Constitutional Court.
(2) The court action referred to in Subsection (1) may be requested by the party or the intervener
who alleges that any legislation applicable to his case in progress is contrary to the Fundamental
Law or to an international treaty.
(3) The court shall initiate the proceedings of the Constitutional Court by way of a ruling, and
shall simultaneously order the stay of its own proceedings.
(4) The ruling on initiating the proceedings of the Constitutional Court and the refusal of a request
for initiating the proceedings of the Constitutional Court may not be contested separately.
Section 155/C3

(1) The non-contentious proceedings of the Curia for the review of municipal decrees may be
initiated by the courts of their own motion or upon request, in accordance with the Act on the
Structure and Administration of Courts.
(2) The court action referred to in Subsection (1) may be requested by the party or the intervener
who alleges that any municipal decree applicable to his case in progress is unlawful.
(3) The court shall initiate the proceedings of the Curia by way of a ruling, and shall
simultaneously order the stay of its own proceedings.
(4) The ruling on initiating the proceedings of the Curia and the refusal of a request for initiating
the proceedings of the Curia may not be contested separately.

Provisional Measures4

Section 1565

(1) The court, upon request, may implement provisional measures ordering satisfaction of the
claim (counterclaim), or compliance with the application requesting provisional measures, where
this is deemed necessary to prevent any imminent threat of damage, to preserve the status quo
giving rise to the dispute, or with a view to underlying the requirement for the special protection of
the applicant_s rights, where the advantages to be gained must always supersede the disadvantage
obtained by the measure. The court may render the implementation of provisional measures subject
to the provision of security. The facts underlying the necessity of the protective measures shall be
substantiated.
(2) A request for provisional measures may not be lodged before the statement of claim is
submitted. The court may decide concerning the provisional measures before setting the time for the
first hearing.
(3) The court shall adopt its decision regarding provisional measures in priority proceedings.
(4) Before adopting a decision, the court shall hear the parties in person, or shall enable them to
present their views relating to the request in writing. Hearing of the parties may be omitted only in
cases of urgency, or if the party affected fails to observe the deadline or time limit fixed for the
hearing.

1 Enacted: by paragraph (1) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
2 Enacted: by paragraph (1) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
3 Enacted: by paragraph (1) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
4 Established by Section 16 of Act LX of 1995, effective as of 29 August 1995.
5 Established by Section 16 of Act LX of 1995, effective as of 29 August 1995.
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(5) In connection with the decision for provisional measures, the taking of evidence may be
performed only if deemed essential for reaching a decision on the merits.
(6) The court shall decide the request for provisional measures by way of a ruling, which may be
contested separately. The court shall have powers to reverse the ruling ordering the protective
measure upon request, or shall do so ex officio if the plaintiff has decided to reduce his claim.
(7) The deadline for performance shall commence on the day following the day when the ruling is
communicated in writing, unless the court provides otherwise.
(8) The ruling is provisionally enforceable (Sections 231-232). The ruling shall remain in force
until the time it is abolished by a court ruling or in a judgment at the request of either of the parties,
after hearing the other party (Section 113). If the court of the first instance did not repeal its
resolution on provisional measures in its verdict (summary judgment), the provisional measures
shall be abolished at the time the judgment of first instance (summary judgment) becomes final and
enforceable.
(9)1 In a civil action brought in court under Subsection (1a) of Section 214 or Subsection (3) of
Section 284 of the CP the provisions of Subsections (1)-(8) shall apply in the determination of
provisional measures, with the exception that:
a) the implementation of provisional measures may not be made subject to the provision of
security, and
b) the court may - of its own motion - overturn its own ruling on the implementation of
provisional measures also in the case where the investigation or the criminal proceeding was
terminated by final decision, or the defendant was cleared of all charges by final judgement,
furthermore
c) if the provisional measures are abolished or repealed, measures shall be taken for the
restoration of the original state of possession, unless the judgement provides otherwise.

Dismissal of Actions

Section 1572

The court shall dismiss the case:

a) if the statement of claim should have been rejected on the basis of Paragraphs a)-h) of
Subsection (1) of Section 130 without issuing any writ of summons;
b) if legal representative of the party was ignored, and this situation is not remedied within the
original or the extended deadline, nor before the time when the hearing immediately preceding the
expiry of the deadline is adjourned;
c) if the court has ordered - at the defendant_s motion - the nonresident plaintiff under Section 89
to provide security for covering the costs arising out of the litigation, however, the plaintiff did not
provide any security within the original or the extended deadline, nor before the time when the
hearing immediately preceding the expiry of the deadline is adjourned;
d) if the plaintiff failed to show at the first hearing (Sections 135, 136, 159);
e) if the plaintiff has withdrawn his claim (Section 160);
f) if parties jointly file for dismissal of the action;
g) upon the party_s death or termination, if the nature of the relationship precludes succession;
h) at the party_s request, if the terminated party has no successor;
i) if the plaintiff is required to have legal counsel, and failed to provide for a replacement if legal
representation has been terminated in spite of being notified to do so [Subsection (5) of Section
73/B].

Section 157/A3

1 Enacted: by paragraph (3) Section 74 of Act CLXXXVI of 2013. In force: as of 1. 01. 2014.
2 Established by Section 18 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently. See also
Subsection (9) of Section 63 of Act XXX of 2008.
3 Enacted by Section 5 of Act CX of 2000, effective as of 1 May 2001.
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(1) In cases where the statement of claim should not have been rejected without issuing any writ
of summons for the reason referred to in Paragraph a) of Subsection (1) of Section 130
(non-jurisdiction), but the jurisdiction of a Hungarian court cannot be established under any
jurisdiction rule, the court shall dismiss the proceedings if:
a) the defendant failed to show at the first hearing, and failed to submit a written defense; or
b) the defendant refuses to recognize the jurisdiction of the court.
(2) If the defendant has no legal counsel, the court is required to inform such defendant as to the
availability of the objection referred to in Paragraph b) of Subsection (1).

Section 158

(1)1 Where Paragraph a), b) or g) of Section 157 applies, the court shall ex officio terminate the
action any time during the proceedings.
(2)2 If the defendant has already engaged in making arguments as to the merits of the case, the
action may be terminated for lack of competence only if competence is not contingent upon the
amount in dispute, or due to lack of jurisdiction if jurisdiction is exclusive. If the action is
terminated due to lack of competence or jurisdiction Section 129 shall apply.
(3) Where an action has been opened prematurely, it may not be dismissed if the claim expired
before a decision is adopted [Paragraph a) of Section 157, Paragraph f) of Subsection (1) of Section
130].
(4) An action may be dismissed pursuant to Paragraph c) of Section 157 only at the defendant_s
motion; the defendant has already engaged in making arguments as to the merits of the case, he may
present such motion only if the obligation to provide security occurred subsequently, or if the
defendant was unable to gain knowledge thereof in due time.
(5)3 Where Paragraph i) of Section 157 applies, the court shall ex officio terminate the action any
time during the proceedings, unless Subsections (2)-(4) of Section 73/B apply.

Section 159

(1)4 If the plaintiff failed to show at the first hearing, the action may be dismissed under
Paragraph d) of Section 157 only upon the defendant_s motion. The action may not be dismissed if
the plaintiff has requested the court to proceed with the hearing in his absence. Subsection (3) of
Section 135 applies in this case as well.
(2)5 The defendant, together with a motion for dismissal, may lodge a counterclaim (Section 147)
against the plaintiff so as to establish that the plaintiff is not entitled to the right enforced in the
action; dismissal of the action shall not preclude the hearing of arguments in connection with the
counterclaim.

Section 160
(1) The plaintiff shall be entitled to withdraw his claim without the consent of the defendant
before hearing the case on the merits, however, after that time the defendant_s consent is required.
The plaintiff shall be liable to cover the defendant_s costs incurred in connection with the action in
both cases.

1 Established by Subsection (2) of Section 11 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress
as well.
2 Amended by Section 9 of Act CX of 2000.
3 Enacted by Section 19 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
4 Established by Subsection (1) of Section 50 of Act VIII of 1957. Amended under Subsection (1) of Section 64 of Law-Decree
No. 26 of 1972.
5 Numbering changed from Subsection (3) to Subsection (2), and the former Subsection (2) repealed by Subsection (2) of Section
50 of Act VIII of 1957.
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(2)1 The court may, furthermore, dismiss the case without a formal hearing, if the plaintiff
announces the withdrawal in writing enclosed with the defendant_s statement for claiming any
costs, including the amount thereof. Where dismissal is rendered subject to the defendant_s consent,
a statement thereof shall also be attached. If the plaintiff did not attach the defendant_s statement in
writing, the court may order the defendant to make such statement without a formal hearing and
shall advise the defendant that in the event of his failure to comply within the prescribed time limit
the court shall find in favor of the plaintiff.

Section 161

(1)2 If the court dismisses the case under Paragraph a), b) or c) of Section 157, the legal facilities
stemming from the submission of the statement of claim and from bringing action shall remain in
effect if the plaintiff resubmits the statement of claim within thirty days from the effective date of
the relevant decision in accordance with the relevant regulations, or if the plaintiff moves to seek
other legitimate ways to enforce his claim.
(2) If the plaintiff fails to observe the time limit specified in this Section, no application for
continuation with justification will be accepted.

Section 162
(1)3 The court_s decision to decline a motion for dismissal - save where Paragraphs e) and f) of
Section 157 apply - may not be contested separately, and it may be contested in the appeal lodged
against a decision adopted in conclusion of the case only if the court failed to dismiss the case in
spite of the admissibility of any of the reasons set out under Section 158, which are to be taken into
consideration ex officio.
(2) If the court has decided - according to Section 140 - to proceed and listen to arguments
relating to having the case dismissed and also on the merits of the case, the motion for dismissal
may be denied as part of the decision adopted in conclusion of the case.

CHAPTER X

Taking of Evidence

Taking of Evidence

Section 1634
(1) With the view to ascertaining the relevant facts of a case the court shall order the taking of
evidence.
(2) Based on the opposing party_s admission and on the arguments of both parties, corresponding
or as presented at the court_s request [Subsection (2) of Section 141] and undisputed by the
opposing party, the court shall recognize such facts as true, if there is no doubt as to their
authenticity.
(3) The court shall recognize as true any facts which are considered common knowledge. The
same applies to information of which the court has knowledge officially. The court shall take these
facts into consideration regardless of whether they are mentioned by the parties or not, however, the
parties must be notified of this during the hearing.

1 Last sentence established by Section 43 of Act VI of 1954, effective as of 1 August 1954.

2 Established by Section 51 of Act VIII of 1957, effective as of 1 March 1958.
3 Established by Section 44 of Act VI of 1954, effective as of 1 August 1954.
4 Established by Section 52 of Act VIII of 1957, effective as of 1 March 1958.
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Section 1641

(1) On general principle the facts based on which the case can be decided shall be adduced by the
party bearing a vested interest in persuading the court to recognize them as true.
(2)2 The court shall order the taking of evidence of its own motion if permitted by law.

Section 1653

Means of Proof

Section 166

(1) Means of proof shall, in particular, include testimonies, opinions of experts, inspections,
documents and other physical evidence.
(2) Oaths shall not be taken in actions.
Witnesses

Section 1674

(1)5 If a party wishes to corroborate his argument with witnesses, he shall indicate the facts in
question and supply the name and address of summons of the witnesses. If the witness to be
summoned is a minor, the party shall indicate the witness_s age, and the name and address of
summons of his/her legal representative.
(2) The witnesses_ particulars referred to in Subsection (1) shall be supplied in the statement of
claim or some other submissions, or during the hearing.
(3) If the party supplies the particulars of a witness in a submission, apart from the name no other
data of the witness is required in the submission, instead, a separate sheet shall be submitted to the
court in a single copy containing the address of summons of the witness, as well as the witness_
other personal identification data to the extent necessary. In particularly justified cases it shall
suffice to use a unique marking in the submission instead of the witnesses_ names, and supply the
particulars of such witnesses on a separate sheet.
(4) If the party notifies the particulars of a witness at the hearing, this shall be done according to
Subsection (3), with the exception that the separate sheet containing the witness_ particulars shall
be delivered to the court without allowing the other parties and other litigants - not including the
public prosecutor - to have access to such document.
(5) The party requesting to have a witness summoned shall obtain a statement from the witness in
advance, as to whether Subsections (3) and (4) shall be applied as regards the notification of the
particulars of the witness, and shall proceed accordingly. If the party is unable to obtain the
witness_ statement, the first sentence of Subsection (3), and Subsection (4) shall apply.

1 Established by Section 53 of Act VIII of 1957, effective as of 1 March 1958.

2 Established by Section 17 of Act LX of 1995, effective as of 29 August 1995.
3 Repealed by Subsection (1) of Section 174 of Act CX of 1999, effective as of 1 January 2000.
4 Established by Subsection (1) of Section 20 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as
well. See also Subsection (2) of Section 65 of Act XXX of 2008.
5 Established: by Section 23 of Act LXII of 2012. In force: as of 29. 06. 2012.
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(6) The court, when so requested by the party adducing evidence, may order the opposing party to
proceed according to Subsections (3) and (4) concerning the notification of the witness_ name and
address of summons, if the party adducing evidence is able to verify that the opposing party is or
should be acquainted with the witness unknown to him. In this case the provisions relating to
keeping the witness_s data confidential shall be observed, with the exception that the party
adducing evidence shall not be allowed access to such confidential witness data, and such
confidential treatment may be terminated - outside the cases specified in Subsection (4) of Section
172 - only if the party adducing evidence obtained the witness_ personal data by other means.
(7)1 If the judge is requested to be subpoenaed to testify with regard to his official actions or to
reasons related thereto, the address of the court to which the judge is attached shall serve as the
address of summons referred to in Subsections (1)-(6). If the service relation of the judge terminates
during the action, the general rules shall apply as regards the judge_s address of summons.

Section 167/A2

(1) A minor under the age of fourteen may be asked to testify only if there is no other way to
obtain the evidence the testimony is presumed to provide.
(2) The examination of a minor may be attended by his/her legal representative. Warning and
information communicated during the examination shall be phrased in a manner adapted to the
minor_s age and level maturity, in a child-friendly manner. The examination shall be conducted in
the right climate, in a child-friendly manner.
(3) In the examination of a minor under the age of fourteen he/she shall not be advised of the legal
consequences of perjury, instead the minor shall be advised to say only the truth in a manner
adapted to the minor_s age and level maturity, in a child-friendly manner. If the witness is a minor
under the age of fourteen, the statement on the confidentiality of personal data and on the refusal to
testify shall be made by the minor_s legal representative, and the right to appeal the court_s
decision ordering a witness to testify shall be exercised by the legal representative.
(4)3 Where any conflict of interest exists between the witness of minor age and the minor_s legal
representative, the court shall request the guardian authority to appoint a caretaker officer to
exercise the rights defined in Subsections (2) and (3).

Section 168

(1) The witness is summoned by the presiding judge. The writ of summons (Section 96) may
specify the subjects on which the witness should be examined, and the witness shall be advised to
bring his related notes and documents, and other articles that may be used as evidence.
(1a)4 The court shall summon to appear a minor under the age of fourteen to testify through
his/her legal representative, where such representative is held responsible to ascertain the witness_s
appearance. Where a minor over the age of fourteen is summoned to testify the court shall notify
the minor_s legal representative of the summons.
(1b)5 If the judge is requested to be subpoenaed to testify with regard to his official actions or to
reasons related thereto, the court shall send the subpoena to the address of the court to which the
judge is attached. If the service relation of the judge terminates during the action, the general rules
shall apply as regards the summons.
(2)6 If a witness cannot be summoned due to the party having supplied the wrong data, the court -
before sending out another writ of summons to the witness - shall examine as to whether the party
supplied the wrong information with the intent to delay the proceedings. This provision shall also
apply in the case when the court ordered the opposing party of the party adducing evidence to
supply the witness_ particulars.

1 Enacted: by Section 3 of Act LXIX of 2013. In force: as of 1. 06. 2013.

2 Enacted: by Section 24 of Act LXII of 2012. In force: as of 29. 06. 2012.
3 Amended by Point 18 of Subsection (37) of Section 85 of Act CCLII of 2013.
4 Enacted: by Section 25 of Act LXII of 2012. In force: as of 29. 06. 2012.
5 Enacted: by Section 4 of Act LXIX of 2013. In force: as of 1. 06. 2013.
6 Established by Subsection (2) of Section 20 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as
well. See also Subsection (2) of Section 65 of Act XXX of 2008.
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Section 169

(1) Any person who cannot be expected to provide a correct testimony due to some physical or
mental disability may not be summoned to testify.
(2)1 The witness, unless exempted from the obligation of confidentiality, shall not be questioned
in respect of any subject that is treated as classified information.
(3) The obligation of confidentiality shall remain in force after the termination of the underlying
relationship.
(4) The authority or body vested with competence to grant exemption from the obligation of
confidentiality with respect to certain cases shall be decreed by the Government.2
(5) The subject for which the exemption is requested shall be indicated in the request for
exemption.
(6) The testimony of a witness obtained in violation of this Section shall be inadmissible.

Section 170

(1) Giving testimony may be refused:

a) by any close relative of the parties referred to in Subsection (2) of Section 13;
b) any person whose testimony would implicate himself or his close relative referred to in
Subsection (2) of Section 13 in the commission of crime, to the extent covered by that subject;
c) by attorneys, doctors and other persons bound to confidentiality stemming from their
profession, if their testimony would entail their having to breach the obligation of confidentiality,
except if the concerned party granted an exemption from this obligation;
d)3 mediators and experts involved in mediation proceedings pertaining to the litigation on hand;
e)4 persons bound to keep business secrets in respect of the subjects if their testimony would
entail their having to breach the obligation of confidentiality.
f)5 by media content providers and the persons they employ under contract of employment or
some other form of employment relationship, if their testimony would expose the identity of any
person from whom they receive information relating to the media content they provide, to the extent
covered by that subject.
(2) If a witness is not connected to all of the litigants by way of the relationship referred to in
Subsection (2) of Section 13, he may refuse to testify regarding the others if the testimony cannot
be isolated.
(3) Testimony may not be refused under Paragraph a) and b) of Subsection (1) if the subject:
a) pertains to a transaction in which the witness had been involved either as a representative of
either of the parties or as a witness to the transaction, or if either of the parties represented the
witness, or if the witness is involved as the legal predecessor of either of the parties in the
relationship in question;
b)6 concerns the origin, marriage, life or death of the witness_ any family member, or the
settlement of parental custody or the third-party placement of the witness_ any family member of
minor age, or to any action relating to property rights based on family status.
(4)7 Testimony may not be refused under Paragraph e) of Subsection (1) if:
a) the party affected granted an exemption to the persons bound to keep business secrets from this
obligation;
b) if the subject is not treated as a business secret pursuant to specific other legislation on access
to information of public interest or public information; or

1 Established by Section 21 of Act XXX of 2008. Amended by Subsection (1) of Section 42 of Act CLV of 2009.
2 See Law-Decree No. 22 of 1952, Act LXV of 1995, and Government Decree 79/1995 (VI. 30.) Korm.
3 Enacted by Subsection (3) of Section 41 of Act LV of 2002, effective as of 17 March 2003.
4 Enacted by Subsection (1) of Section 22 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
5 Enacted: by paragraph (1) Section 1 of Act LXVI of 2012. In force: as of 3. 07. 2012.
6 Established by Section 26 of Law-Decree No. 26 of 1972. Amended by Point 19 of Subsection (37) of Section 85 of Act CCLII
of 2013.
7 Established by Subsection (2) of Section 22 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
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c) the subject matter of the action lies in the decision as to whether the data in question is
recognized as information of public interest.
(5)1 In the cases covered by Paragraphs a), c)-f) of Subsection (1), the witness shall be notified
concerning his immunity before questioning, or as soon as it is established. The notification and the
witness_ reply shall be shown in the records.
(6)2 The obligation of confidentiality referred to in Paragraphs c)-e) of Subsection (1) shall
remain in force after the termination of the underlying relationship.
(6a)3 The exemption described in Paragraph f) of Subsection (1) shall remain to apply after the
underlying relationship is terminated.
(7)4 If a witness is forced to testify in spite of his rightful assertion of immunity pursuant to this
Section, or in the event of non-compliance with Subsection (5), the witness_ testimony shall be
inadmissible as evidence.

Section 171

(1) If a witness cannot be interrogated within the meaning of Section 169, or if he refuses to
testify under Section 170, this may be notified at court before the scheduled day in court. In
connection with Section 170, the reason for refusal shall be presented with the notice, and shall be
substantiated. In the absence of any corroborating evidence, the court may question the witness as
to the reason of refusal.
(2) The decision as to whether testimony can be refused (Section 170) lies with the court carrying
out the questioning; before passing a decision the parties shall be heard, if they are present. If
questioning a witness is carried out upon request (Section 202), the court of litigation may reverse
the decision of the requested court upon request. Questioning of the witness shall be suspended
upon receipt of such request.
(3) The decision of the court of litigation ordering a witness to testify may be appealed by the
witness.

Section 171/A5

(1) The court shall process the personal data of witnesses [Subsection (1) of Section 167 and
Subsection (1) of Section 173] other than the names of witnesses - except for the case covered in
the last sentence of Subsection (3) of Section 167 where the names of witnesses may be processed
as well - (hereinafter referred to as _personal data of witnesses") separate from all other documents,
in strict confidence, if they were notified by the party by way of the means specified in Subsection
(3) or (4) of Section 167. The personal data of witnesses may be accessed only by the court, the
clerk keeping the records (transcriber) and the public prosecutor. The court shall ascertain during
the proceedings that, apart from the party calling the witness and the public prosecutor, the parties
and other persons involved in the action shall not be able to obtain the personal data of witnesses.
(2) If the party has notified the personal data of a witness (or a part of them) by way of the means
specified in Subsection (3) or (4) of Section 167, the separate sheet containing the witness_
personal data may not be delivered to any person, they cannot be accessed at the court or anywhere
else by the parties and other persons involved in the action, other than the party calling the witness
and the public prosecutor, and no copies shall be made available.
(3) The court shall handle the personal data of witnesses in strict confidence also if so requested
by the witness before questioning. In this case, confidential handling shall apply to those data kept
off limits from the opposing party of the party calling the witness (any adverse party involved in the
action), other than the public prosecutor.

1 Established by Subsection (2) of Section 22 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well. Amended: by Section 3 of Act LXVI of 2012. In force: as of 3. 07. 2012.
2 Enacted by Subsection (2) of Section 22 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
3 Enacted: by paragraph (2) Section 1 of Act LXVI of 2012. In force: as of 3. 07. 2012.
4 Enacted by Subsection (2) of Section 22 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
5 Enacted by Section 23 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also Subsection
(2) of Section 65 of Act XXX of 2008.
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Section 172

(1) The witness may not attend the hearing and the taking of evidence before questioning, and
may leave the court room after questioning if so permitted by the court.
(2) Before proceeding with questioning the witness shall be advised of the legal consequences of
perjury.
(3)1 Before proceeding with questioning the witness shall be asked to declare if he wishes to have
his personal data handled confidentially. If the witness wishes to have his personal data handled
confidentially, the court shall process the witness_ personal data confidentially except for his name.
In particularly justified cases the court shall handle in strict confidence the witness_ name as well.
(4)2 If the witness did not request to have his personal data handled confidentially when asked by
the court, or if the witness states voluntary that he does not wish to have his personal data handled
confidentially, the court shall terminate the confidential handling of the witness_ personal data
under Subsection (1) of Section 171/A; this action may be limited to terminating the confidential
handling of the witness_ name only.
(5)3 If in the course of the proceedings the court finds that the opposing party of the party calling
the witness (any adverse party involved in the action), other than the public prosecutor, has
knowledge of the personal data of the witness, the court shall terminate the confidential handling of
the witness_ personal data.
(6)4 As regards the confidential handling of the witness_ personal data the court carrying out the
questioning shall decide without hearing the parties, however, no special resolution is required, it
shall suffice to make reference in the court records for having the provisions set out in Subsections
(3)-(5) implemented.

Section 173

(1)5 Before questioning the witness shall be asked to state his name, place and date of birth,
mother_s name, home address, as well as his relationship to the parties, and of any bias on that
count. The witness shall answer these questions also if he can rightfully refuse to testify. If the court
did not terminate the confidential handling of the witness_ personal data, or if they are handled
confidentially at the witness_ request, the court shall ascertain the personal data of the witness from
the document containing personal identification data, record them in writing and handle them
confidentially. If the court has any doubt as to the identity of the witness, it may proceed:
a) to verify the data provided in proof of identity and home address by way of cross-referencing
such data with data shown in the relevant records, and
b) to verify the data contained in the official document presented for the purpose of identification
and in the document evidencing right of residence by way of cross-referencing such data with data
shown in the relevant records
by way of electronic means or by accessing the relevant databases directly.
(1a)6 If the judge is subpoenaed to testify with regard to his official actions or to reasons related
thereto, the identification procedure shall cover the judge_s name, job description, position and
address of summons, and the name and address of the court to which the judge is attached shall be
recorded before the testimony. After the identity of the judge has been verified, the testimony shall
be given according to the provisions set out in Subsection (1). If the service relation of a judge
terminates during the action, the general rules shall apply as regards the judge_s obligation to give
evidence.

1 Enacted by Section 24 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also Subsection
(2) of Section 65 of Act XXX of 2008.
2 Enacted by Section 24 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also Subsection
(2) of Section 65 of Act XXX of 2008.
3 Enacted by Section 24 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also Subsection
(2) of Section 65 of Act XXX of 2008.
4 Enacted by Section 24 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also Subsection
(2) of Section 65 of Act XXX of 2008.
5 Established by Section 3 of Act CLXXX of 2015, effective as of 4 December 2015.
6 Enacted: by Section 5 of Act LXIX of 2013. In force: as of 1. 06. 2013.
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(2) Next the witness shall be examined thoroughly, clarifying the sources of his information as
well.
(3)1 The witness shall be examined by the presiding judge. Other members of the court shall also
be entitled to ask questions from the witness. The parties may also put questions forward. The
presiding judge may authorize the parties, upon request, to address question directly to the witness.
The decision for permitting the parties to put questions forward or to ask them directly from the
witness lies with the presiding judge.
(4)2 If the testimony given by a witness is contradictory to the testimony of another witness or any
other person heard in person, the disagreement shall be clarified by way of confrontation if deemed
necessary.

Section 174

(1) The witness, in the process of questioning, is required to make available the document in his
possession, or the part of this document that pertains to the case on hand, to the court for inspection,
with the exception if the document belongs to a third person who is not involved in the proceedings.
If the witness refuses to make the document available without cause, the sanctions for refusing to
testify (Section 185) shall apply.
(2) If deemed necessary, the court may order to have a copy (extract) of the document attached to
case file. If the witness is unable to attach the said copy (extract), the court shall provide for them.

Section 175

(1) After questioning, the witness_ testimony transcribed in the court records shall be read to the
witness, unless such reading is waived by the witness and by the parties. Reading the testimony, or
the omission thereof shall be indicated in the court records.
(2) Any correction or addition made by the witness in his testimony during the reading shall also
be indicated in the court records.

Section 176

(1) If the witness is unable to appear before the court due to his advanced age, illness or physical
handicap, the court shall examine the witness in his home or habitual residence. In this case the
court may decide to have the witness examined by the presiding judge.
(2) The parties and the witness shall be notified concerning the place and time where the witness
will be examined in advance.

Experts

Section 177

(1) If any special expertise is required in the proceedings for the establishment or judgment of any
relevant fact or other circumstance which the court is lacking, the court shall appoint an expert.
Normally one expert shall be employed; more than one experts may be appointed only in
connection with different subjects for which special expertise is required.
(2)3 The court may appoint the expert from the register of forensic experts, or a business
association or institution registered in the register of forensic experts, or a government body,
institution or organization so authorized in specific other legislation. Other experts may be
appointed only in the absence of the above, under exceptional circumstances.
(3)4 Failing an agreement of the parties, the expert shall be selected by the court. In the latter case,
the parties shall be heard as regards the appointment of the expert, if deemed necessary.

1 Enacted by Subsection (1) of Section 54 of Act VIII of 1957, effective as of 1 March 1958.
2 Numbering modified by Subsection (2) of Section 54 of Act VIII of 1957.
3 Established by Subsection (1) of Section 9 of Act XLVIII of 2005, effective as of 1 January 2006.
4 Established by Subsection (2) of Section 9 of Act XLVIII of 2005, effective as of 1 January 2006.
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(4)1 If the court of litigation provides for the hearing of an expert by way of request, and the
parties fail to agree in the person of the expert, the appointment of the expert may be entrusted to
the requested court.
(5)2 Where so justified in view of the complexity of the case, or by the estimated volume of work
the expert is likely to face, the court - at the party_s request, after hearing the expert if deemed
necessary - shall instruct the expert to draw up a preliminary action plan outlining his functions and
the estimated costs and expenses involved. After studying the action plan, the party adducing
evidence shall announce if he requests the expert to proceed. The costs of drawing up the action
plan shall be advanced by the party adducing evidence. If the party adducing evidence fails to come
forth with a statement within the time limit specified by the court, or withdraws his motion for the
taking of expert evidence, or fails to deposit the expert_s fee indicated in the action plan,
Subsection (2) of Section 80 shall apply concerning the bearing of the costs of the action plan.
(6)3 The court - at the party_s request and if it appears necessary for the purpose of taking of
evidence - may appoint another expert replacing the one originally appointed. The appointment
shall be governed by Subsection (3). If the court has appointed the expert based on the parties_
motion made by mutual consent, a replacement expert may be appointed before the expert_s report
is presented, only in the event that the expert is in delay with filing such report, or if unable to
discharge his function for reasons of disqualification (Section 178) or some other important reason.
Section 178

(1)4 No person who is subject to the grounds for disqualification under Paragraph a), b) or c) of
Subsection (1) of Section 13 may function as experts either, nor any person who served as a judge
in the case, or who is a member or employee of a business association that was previously involved
in the case in the capacity of expert.
(2)5 Any business association whose member or executive officer is subject to the grounds for
disqualification under Paragraph a), b) or c) of Subsection (1) of Section 13, plus Paragraph e) of
Subsection (1) of Section 13 for executive officers, may not serve as an expert. Furthermore, any
expert institution whose head is subject to the grounds for disqualification under Paragraph a), b), c)
or e) of Subsection (1) of Section 13 may not serve as an expert.
(3)6 The court shall ex officio provide for blocking a disqualified expert from partaking in
proceedings. The grounds for exclusion shall be notified to the court by the expert himself, and by
the party without delay; if the notice is submitted after the expert has already submitted his report,
the court shall decide taking the report into account as to whether a new expert is required or not.
(4)7 The court shall adopt a decision on disqualification after hearing the parties and the expert
(Section 113); its decision may not be contested separately. If the expert was appointed by the
requested court, disqualification shall also fall within the jurisdiction of this court; however, if the
grounds for exclusion is notified after the expert has submitted his report, the decision lies with the
court of litigation in accordance with Subsection (2).
Section 179

Sections 169-171 shall apply to experts as well. Experts may be released from duty if occupied
elsewhere or due to other important reasons.

Section 180

1 Established by Subsection (3) of Section 9 of Act XLVIII of 2005, effective as of 1 January 2006.
2 Enacted by Section 29 of Act CX of 1999, effective as of 1 January 2000. Applies to cases opened subsequently only if an
expert has not yet been appointed.
3 Established by Subsection (4) of Section 9 of Act XLVIII of 2005, effective as of 1 January 2006.
4 Established by Subsection (1) of Section 10 of Act XLVIII of 2005, effective as of 1 January 2006.
5 Enacted by Subsection (2) of Section 10 of Act XLVIII of 2005, effective as of 1 January 2006.
6 Numbering modified by Subsection (2) of Section 10 of Act XLVIII of 2005.
7 Numbering modified by Subsection (2) of Section 10 of Act XLVIII of 2005.
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(1)1 The court may order the expert to present his report in writing at the time of appointment,
without issuing a writ of summons. If deemed necessary by the court, the expert may be
subpoenaed. Before the examination of a subpoenaed expert, he shall be positively identified - in
the case of forensic experts by taking his name, the number of his expert certificate and contact
address -, as well as his relationship to the parties, and as to whether any grounds for
disqualification exist; the expert shall be advised of the legal consequences for providing any false
statements in his reports.
(2)2 The court shall state to the expert the issues for which an expert assessment is required in the
appointment made in writing, or during the hearing.
(3) The parties may also address question to the expert.
(4)3 Where a business association or an expert institution is appointed, the business association or
an expert institution shall notify the court and the parties within eight days of receipt of the
appointment concerning the member or employee of the business association, or the employee of
the expert institution put in charge for handling the case.

Section 181

(1) The court shall furnish to the expert all data and information that may be necessary to
discharge his duties. To this end, the expert shall be allowed access to the documents of the case,
may attend hearing sessions, including the taking of evidence, may ask questions from the parties,
the witness and other experts directly, and may initiate the admission of other evidence where
deemed necessary for discharging his duties.
(2) The court may order the expert to carry out the inquiries and inspections for providing an
assessment in the absence of the court, and alternatively the parties.

Section 182

(1) If the expert fails to submit his report promptly, the court shall set a new deadline for
presenting the report, or shall order the expert to submit his report to the court in writing within a
fixed period of time. The parties shall be notified when the written report of the expert is submitted.
The court may order the expert to appear in person where a more extensive or more detailed
account of the report is required.
(2) After the report is presented, the expert may be interviewed in connection with the assessment
contained in the report.
(3)4 If the expert assessment is lacking clarity or incomplete, if it appears contradictory in itself or
relative to the opinion of another expert, or to repudiate certain established facts supported by
evidence, or if there is serious doubt as to its authenticity, the expert shall provide the information
necessary when so requested by the court. At the party_s motion, the court may decide to appoint
another expert. If the court has ordered the taking of evidence of its own motion [Subsection (2) of
Section 164], a new expert may also be appointed of its own motion if deemed necessary.
(4)5

Section 1836

(1)7 As decreed by the minister in charge of the judicial system regarding specific legal issues, the
court may contact the body of experts specified in the said decree for providing expert assessments.
The aforesaid body of experts shall proceed in the form of a committee in accordance with specific
other legislation.

1 Established by Section 26 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also
Subsection (2) of Section 65 of Act XXX of 2008.
2 Established by Subsection (2) of Section 11 of Act XLVIII of 2005, effective as of 1 January 2006.
3 Enacted by Subsection (3) of Section 11 of Act XLVIII of 2005, effective as of 1 January 2006.
4 Established by Subsection (1) of Section 30 of Act CX of 1999, effective as of 1 January 2000. Applies to cases opened
subsequently only if an expert has not yet been appointed.
5 Repealed by Paragraph a) of Subsection (2) of Section 16 of Act XLVIII of 2005, effective as of 1 January 2006.
6 Established by Section 12 of Act XLVIII of 2005, effective as of 1 January 2006.
7 Amended by Paragraph a) of Subsection (3) of Section 167 of Act CIX of 2006.
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(2)1 The court may appoint a body of experts if any legal issue arising in the course of litigation
cannot be clarified under Section 182, in possession of two independent expert reports, during the
interview of the experts appointed. The body of experts, however, may not be ordered to evaluate
the reports of other experts, its assessment shall be treated the same as the expert_s assessment.
(3) Members of the committee referred to in Subsection (1) are subject to the provisions on
experts, including the rules for disqualification and summons to a court hearing, with the exception
that the designated member of the committee or a representative of the committee may be
summoned to the hearing when the expert_s report is presented.

Section 183/A2

(1)3 Where a party relies on the assessment of an expert acting according to the Act on the
Appointment of Forensic Experts in Non-Judicial Proceedings or the Act on Non-Judicial
Proceedings by Notaries Public as evidence, it shall be so indicated in the statement of claim with
the expert_s report enclosed with the statement of claim.
(2) The opinion of an expert - appointed under the act referred to in Subsection (1) - given in a
legal issue similar to one arising in the course of litigation shall be admissible as means of proof, as
if it was provided by an expert appointed for the litigation on hand.
(3) The court may summon the expert to appear in the hearing, and the expert may be questioned
according to Subsection (1) of Section 180 and Section 182. The party - if it appears feasible for the
purpose of taking of evidence - may motion to have another expert appointed.
(4) Section 187 shall apply concerning the bearing of the costs of experts incurred in connection
with the hearing.

Interpreters

Section 184

(1) If any person who is to be heard in the action does not speak the Hungarian language, and the
acting court has no sufficient fluency in the language he understands, an interpreter shall be used
during the hearing.
(2)4 Any person with hearing impairment shall be interviewed or questioned, upon request, with
the help of a sign language interpreter, or shall be allowed to make a written statement instead of
being interviewed or questioned. Any person who is to be heard in the action is deafblind, the
hearing shall be conducted with a sign language interpreter at his request. Upon request,
speech-impaired people shall be allowed to make a written statement instead of being interviewed
or questioned.
(3) The provisions of law pertaining to experts shall apply to interpreters as well.
Coercive Measures Against Witnesses and Experts

Section 185

(1)5 The court of competence shall order:

a) any witness or expert who failed to appear in court as required despite of a writ of summons
(appointment), and failed to show cause beforehand, or if absent without official leave;
b) any witness who refused to testify or cooperate, as well as any expert who refused to present an
opinion without just cause or in violation of the court_s binding decision, upon being advised of the
consequences;

1 Established by Section 27 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
2 Enacted by Section 13 of Act XLVIII of 2005, effective as of 1 January 2006.
3 Amended by Section 41 of Act XLV of 2008.
4 Established by Section 27 of Act CXXV of 2009, effective as of 1 January 2011.
5 Established: by paragraph (1) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
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c) any expert who is in delay in expressing an opinion without just cause, or if failing to notify the
court in advance of any anticipated delay in the completion of his assessment within the prescribed
time limit;
to cover the costs incurred in consequence, and shall impose a financial penalty as well.
Additionally, the court may issue a bench warrant for having the witness or expert absent taken into
custody. A bench warrant shall be issued for having the witness or expert taken into custody, if the
witness or expert repeatedly failed to appear in court despite of a writ of summons (appointment),
and failed to show cause beforehand, or if absent without official leave.
(1a)1 The coercive measures described in Subsection (1) hereof may not be used against minors
under the age of fourteen. If a minor under the age of fourteen fails to appear to testify despite of
being summoned as required, or if absent without official leave, and the legal representative failed
to show cause for the minor_s non-appearance or absence, the legal representative may be fined and
may be ordered to cover the costs incurred.
(1b)2 If a bench warrant is issued for having the judge taken into custody, the president judge of
the court to which the judge in question is attached shall be notified, or if the bench warrant is
issued against the president judge, the body of appointment shall be notified. If the service relation
of the judge terminates during the action, the general rules shall apply as regards the bench warrant.
(2)3 The court of competence shall reduce the remuneration of any expert who falls in delay in
expressing an opinion without just cause and fails to request an extension of the time limit
prescribed for expressing an opinion in due time (Section 104), or if he fails to present an opinion
within the extended time limit as well, by one per cent effective as of the day when the deadline
expires.
(3)4 If the witness or expert is able to show cause for his failure to appear in court, or for his
absence without official leave after the measures referred to in Subsections (1) and (2), the
measures taken shall be abolished. Furthermore, the court may abolish the measure mentioned in
Subsection (1) if the witness takes the testimony or the expert carries out his duty after having
originally refused to do so.
(4)5 The decisions adopted under Subsections (1) and (2), as well as the decisions for the refusal
of any request lodged for the annulment of any decision adopted under Subsections (1) and (2) may
be appealed by the witness or the expert. The decisions adopted under Subsection (1a) may be
appealed by the legal representative.
(5)6 Where a financial penalty is to be imposed upon any member of the Hungarian Armed Forces
or the law enforcement agencies, or upon any professional staff member of the Nemzeti Adó- és
Vámhivatal (National Tax and Customs Authority), or if a bench warrant is to be issued for taking
such persons into custody, the court shall approach the witness_s or the expert_s superior for
opening disciplinary proceedings.

Remuneration of Witnesses and Experts

Section 186

(1)7 Witnesses are to claim compensation for the costs incurred in connection with their
appearance,8 of which they shall have to be advised after the completion of questioning.
(2) The court carrying out the questioning shall pay the witness fees established from the sum
deposited for such purpose; if the court did not order the necessary sum to be deposited in advance,
or if the sum deposited is insufficient, the party shall be ordered to advance the witness fees
established (Section 76). Decisions adopted for the award of witness fees may be contested
separately by the witness and the parties, however, such appeal shall have no suspensory effect.

1 Enacted: by paragraph (1) Section 26 of Act LXII of 2012. In force: as of 29. 06. 2012.
2 Enacted: by Section 6 of Act LXIX of 2013. In force: as of 1. 06. 2013.
3 Established by Subsection (1) of Section 14 of Act XLVIII of 2005, effective as of 1 January 2006.
4 Established by Subsection (2) of Section 14 of Act XLVIII of 2005, effective as of 1 January 2006.
5 Established: by paragraph (2) Section 26 of Act LXII of 2012. In force: as of 29. 06. 2012.
6 Established: by Section 46 of Act CXLI of 2011. In force: as of 1. 01. 2012.
7 Established by Section 46 of Act VI of 1954, effective as of 1 August 1954.
8 See Decree No. 1/1969 (I. 8.) IM, and Decree No. 14/2008 (VI. 27.) IRM.
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(3) If a witness is summoned from out of town, the court may advance the costs of travel to the
witness.

Section 187

(1)1
(2)2 The court shall determine the amount of the expert_s fee - based on the schedule of charges
submitted by the expert - upon receipt of the expert_s opinion or after hearing the expert_s
testimony, in any case within thirty days at the latest. The expert_s fee shall be determined by the
court of litigation also if the expert was appointed by the requested court. The court_s decision may
be contested separately by the expert and the parties. The appeal shall have suspensory effect only
up to the amount contested. The court shall notify the expert concerning the ruling becoming
definitive within eight days from the time when it becomes legally binding.
(3)3 Unless otherwise prescribed by law, the court shall pay the sum to the extent covered by
deposit within thirty days from the date of the expert_s invoice. As to the advance payment of such
sum Subsection (2) of Section 186 shall apply.

Inspections

Section 188

(1) An inspection may be conducted where the direct surveillance or examination of a person,
article, fact or venue is deemed necessary for ascertaining or detecting any circumstances relevant
to the case.
(2) If the inspection is to be conducted on site, the inspection may be conducted by the presiding
judge by decision of the court.

Section 189

(1)4 The court shall order the holder of the subject-matter of the inspection to produce or make
available the article in question, or to provide for the visual inspection of the article. The provisions
of Subsection (2) of Section 5, Sections 167-171/A, Subsections (3)-(6) of Section 172, Subsection
(1) of Section 173, and Section 185 shall apply to the holder of the subject-matter of the inspection
as well. The court may carry out the inspection with police assistance if necessary.
(2) The holder of the subject-matter of the inspection may demand compensation for his costs
incurred in the process of the inspections, or may file a claim for damages; the court shall advise
such person thereof.
(3) The amount of the costs or the amount of damages shall be determined by the court carrying
out the inspection; the provisions of Subsection (2) of Section 186 shall apply to advancing these
sums, with the exception that any appeal lodged against the decision shall have suspensory effect.

Documents

Section 190

(1) If a party wishes to support his factual claims with documentary evidence, such document
shall be presented at the hearing for inspection.

1 Repealed by Paragraph a) of Subsection (2) of Section 16 of Act XLVIII of 2005, effective as of 1 January 2006.
2 Established by Section 29 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
3 Established by Subsection (2) of Section 15 of Act XLVIII of 2005, effective as of 1 January 2006.
4 Established by Section 30 of Act XXX of 2008, effective as of 1 July 2008. Applies to cases in progress as well. See also
Subsection (2) of Section 65 of Act XXX of 2008.
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(2) At the request of the party adducing evidence the court may order the opposing party to
present such document in his possession that he is otherwise liable to submit or present under the
rules of civil procedure. Such obligation is in particular bestowed upon the opposing party if the
document in question was made out to the benefit of the party adducing evidence, or if it embodies
a relationship pertaining to him, or if it pertains to a hearing connected to such relationship.
(3) Where a document is held by a person who is not involved in the action, such person shall be
heard as a witness and shall be ordered to present the document during questioning [Subsection (1)
of Section 174].

Section 191

(1)1 A certified or non-certified copy shall suffice in the original document_s stead if it is not
objected by the opposing party, and if presenting the original document is not deemed necessary in
the court_s opinion. If, however, a facsimile document made out on the original document (copy,
recording, document made by way of a data medium) carries any probative value under Section 195
or 196, the party may be ordered to produce the original document in accordance with Subsection
(2) of Section 190 within the framework of cross-examination.
(2) Where only a part of a book or any large volume document is intended for evidence, it shall
suffice to present this part - including the foreword and the epilogue - relative to the court_s order.
(3) The court may order to have the original document or the copy (extract) made thereof to be
attached to the case file; if a tangible original document is to be attached to the case file, the court
shall provide for the safeguarding of such document.
(4)2 The decision for releasing any document attached to the case file and other enclosures lies
with the presiding judge, subject to consultation with the parties affected if necessary. Where
deemed necessary by the court, a document or other appendage may be released in exchange for a
certified copy. Any document or other appendage that is construed significant as to the outcome of
the litigation (e.g. sale agreement, will) may be released in exchange for a certified copy only.
(5)3 If the party has made the original document available to the court, and the party has no
certified copy, a certified copy shall be prepared by the court or by others at the court_s order for
the party at his expense.
(6)4 The court may order, where appropriate, the party adducing evidence to provide a certified or
non-certified translation of any document made out in a language other than Hungarian.

Section 192

(1)5 The court shall take measures, at the party_s request, to obtain any document from another
court, authority, notary public or body, if such document cannot be released to the party directly.
Obtaining the original document may be forgone if there is no need to inspect the original document
and if the party presents during the hearing a certified or non-certified copy of such document
[Subsection (1) of Section 191].
(2)6 Making a document may be refused only if it contains any classified information; as regards
an exemption from the obligation of confidentiality Section 169 shall apply.
(3)7 If the court of litigation is of the opinion that a document disclosed contains any business
secret or privileged information, the court shall contact the party entitled to grant an exemption
from the obligation of confidentiality (classifier) for allowing access to the information in question.
If the classifier fails to respond within eight days of receipt of the request, the authorization shall be
considered granted, of which the classifier must be advised in the request. In other respects Section
170 shall apply. If the classifier refuses to grant consent within the prescribed time limit for access
to the business secret or the privileged information, the part of document affected shall not be
admitted as evidence.
1 Established by Section 31 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
2 Enacted by Section 3 of Act CV of 2001, effective as of 1 January 2002.
3 Enacted by Section 3 of Act CV of 2001, effective as of 1 January 2002.
4 Numbering modified by Section 3 of Act CV of 2001.
5 Established by Section 31 of Act CX of 1999, effective as of 1 January 2000.
6 Established by Subsection (1) of Section 32 of Act XXX of 2008. Amended by Subsection (1) of Section 42 of Act CLV of 2009.
7 Established by Subsection (1) of Section 32 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
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(4)1 Subsection (3) shall not apply if the information contained in the document is not treated as a
business secret pursuant to specific other legislation on access to information of public interest or
public information, or if the goal of the litigation is to decide whether the document in question is to
be treated as public information.
(5)2 Upon receipt of the documents or the classifier_s statement, or the absence of such the court
shall inform the parties accordingly.

Section 192/A3

(1)4 Any document that contains classified information shall be inadmissible as evidence (the part
of the document that contains such information), if the original classifier refused to allow the party
to have access thereto.
(2)5 Subsection (1) shall not apply if the action was brought due to the refusal of the request for
access, or if the goal of the litigation is to decide whether the document in question is to be treated
as classified information. In such actions the plaintiff, the intervener entering the action in league
with the plaintiff and their counsel shall not be allowed access to such classified information during
the hearing. Other persons involved in the action, and their counsels shall be allowed access to the
said classified information only if they have security clearance accorded under the Act on National
Security Agencies.
Section 193

In connection with facts for which documentary evidence is available, the court shall not perform
the taking of other evidence.

Section 194

(1) Where specific documents cannot be brought before the court or it would entail unreasonable
hardship, the court shall inspect such documents where they are located. In this case the court may
decide to have the documents inspected by the presiding judge.
(2) Where Subsection (1) applies, the parties and the holder of the document shall be notified of
the time of inspection.

Section 195

(1)6 Any paper-based or electronic document which has been issued by a court, a notary public or
another authority, or an administrative body within its sphere of authority in the prescribed form,
shall be recognized as an authentic instrument that has full probative force as to the measure or
decision it contains, the authenticity of the data and facts certified by the document, as well as any
statements contained in the document, including when and how such statements were made. A
document recognized by another regulation as an authentic instrument shall have same probative
force.

1 Enacted by Subsection (1) of Section 32 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
2 Enacted by Subsection (1) of Section 32 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
3 Enacted by Subsection (2) of Section 32 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
4 Amended by Subsection (1) of Section 42 of Act CLV of 2009.
5 First, second and third sentences amended by Subsection (1) of Section 42 of Act CLV of 2009. Amended by Section 32 of Act
CIX of 2014.
6 First sentence established by Subsection (1) of Section 20 of Act CXXVII of 2004, effective as of 1 January 2005. Second
sentence established by Section 14 of Act LXXII of 1997.
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(2)1 A recording (photograph, video, audio etc.) made of any paper-based authentic instrument by
a technical or chemical process as well as a document made of the original document through a
carrier medium shall have the same probative force as the original document, provided that the
recording or the printed document was made by a court, a notary public or another authority, or an
administrative body, or another body under their supervision. A recording or document made by or
under the supervision of a body entrusted with the safeguarding of documents (e.g. an archive), and
a document containing data obtained from a recording or carrier medium made by a body
empowered to issue or entrusted with the safeguarding of authentic instruments shall have same
probative force.
(3)2 An electronic document made on an authentic instrument that was made out in a specific
form by a body authorized to make out authentic instruments within its sphere of authority and
executed by a qualified electronic signature or an advanced electronic signature based on a qualified
certificate or seal, and - if so prescribed by the relevant legislation - a time stamp shall have the
same probative force as the original paper-based or electronic authentic instrument. Furthermore, an
electronic document shall have same probative force as the original authentic instrument, if made
by a body authorized to make out authentic instruments by way of a procedure prescribed by
specific other legislation, or if recognized by law as an electronic authentic instrument.
(4)3 A paper-based document made on an electronic authentic instrument that was made out in a
specific form by a body authorized to make out authentic instruments within its sphere of authority
by way of a procedure prescribed by specific other legislation shall have same probative force as the
original paper-based or electronic authentic instrument. Furthermore, a paper-based document made
by or under the supervision of a body entrusted with the safeguarding of electronic documents shall
have same probative force, as well as a paper-based document containing data obtained from a
carrier medium made by a body empowered to issue or entrusted with the safeguarding of electronic
authentic instruments.
(5)4 Any document made on a private document in the prescribed form by a body authorized to
make out authentic instruments within its sphere of authority - including electronic documents and
paper-based documents made on private electronic documents - shall have full probative force to
verify that it contains the same information as the original document. In the case of electronic
documents, probative value shall be determined on condition that the body authorized to make out
authentic instruments executes the document by a qualified electronic signature or an advanced
electronic signature based on a qualified certificate or seal and - if so prescribed by the relevant
legislation - a time stamp, or by way of the procedure prescribed by specific other legislation. The
probative value of a document made out on a private document in the form of an authentic
instrument shall be the same as that of the original document, as regards the contents of the private
document.
(6)5 Counter-evidence may be admitted in connection with authentic instruments only to the
extent not precluded or restricted by law.
(7)6 An authentic instrument shall be treated authentic until proven otherwise, the court, however,
may - if deemed necessary - contact the issuer of the document of its own motion, so as to invoke a
statement as to the authenticity of the document.
(8)7 The provisions of this Section shall also apply to foreign authentic instruments subject to
recertification by the Hungarian foreign mission in the country where it was issued. Recertification
is not required where an international agreement to which the Hungarian State is a party provides
otherwise.

Section 196

1 Established by Subsection (2) of Section 20 of Act CXXVII of 2004, effective as of 1 January 2005.
2 Established by Subsection (1) of Section 113 of Act CCXXII of 2015, effective as of 1 July 2016.
3 Established by Section 33 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
4 Established by Subsection (2) of Section 113 of Act CCXXII of 2015, effective as of 1 July 2016.
5 Numbering modified by Subsection (2) of Section 20 of Act CXXVII of 2004, and by Section 33 of Act XXX of 2008.
6 Numbering modified by Subsection (2) of Section 20 of Act CXXVII of 2004, and by Section 33 of Act XXX of 2008.
7 Numbering modified by Subsection (2) of Section 20 of Act CXXVII of 2004, and by Section 33 of Act XXX of 2008.
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(1) A private document shall - until proven otherwise - have full probative value verifying that the
issuer has in fact made the statement it contains, or undertakes to consider himself bound by such
statement, provided that either of the following conditions apply:
a) the document was written and signed by the issuer himself;
b) the document is signed by two witnesses to verify that the document was transcribed by others
and signed by the issuer in front of them, or declared the signature in front of them as his own; the
document shall indicate the witnesses_ permanent residence (home address) as well;
c) the issuer_s signature or initial has been certified on the document by a court or notary public;
d)1 the document was made out by an economic operator for business purposes and signed by the
authorized signatory;
e)2 the document is made out and duly signed by an attorney (legal counsel), in which the
attorney declares that the issuer has signed the document - written by others - in front of him or has
declared the signature as his own, or the electronic document executed by the qualified electronic
signature or advanced electronic signature based on a qualified certificate or qualified electronic
seal or advanced electronic seal based on a qualified certificate of the issuer contains the same data
as the electronic document executed with an electronic signature made by the attorney;
f)3 the electronic document is executed by the issuer_s qualified electronic signature or advanced
electronic signature based on a qualified certificate or qualified electronic seal or advanced
electronic seal based on a qualified certificate;
g)4 the document is executed within the framework of services provided for in an act or
government decree, where the service provider clearly establishes the identity of the issuer of the
document and assigns that identity to that person by providing assurance that the handwritten
signature is that of the issuer; furthermore, the service provider shall make out a certificate of
identity fixed in an inseparable addendum comprising an integral part of the electronic document,
the addendum and the document both executed by at least an advanced electronic seal and by at
least an advanced electronic time stamp.
(2)5 A recording made on a document made out or safeguarded by an economic operator
[Subsection (2) of Section 195], and any document made by way of a data medium - including
paper-based documents made on electronic documents - shall have full probative value to verify
that it contains the same information as the original document, provided that the economic operator
that has made or safeguards the recording or the document produced sufficient proof to attest that
the said documents are in fact identical. An electronic document made on a document made out or
safeguarded by an economic operator shall be recognized to have probative value to verify that it
contains the same information as the original document, if the electronic document has been
executed by a certified electronic signature or seal or an advanced electronic signature or seal
attested by a qualified certificate, and - if so prescribed by the relevant legislation - a time stamp
issued within the framework of qualified trust services, or it was made by way of the procedure
prescribed by specific other legislation. The probative value of a document made on a document
made out or safeguarded by an economic operator shall be the same as that of the original
document, as regards the contents of the private document, or that of the private document with full
probative force in the case of a document made on an authentic instrument.
(3)6 If the issuer of a document cannot read, or he does not understands the language in which the
document was made out, the document referred to in Subsection (1) shall be recognized to have full
probative value only if the document contains any evidence to suggest that the issuer was educated
as to its contents by either of the witness or the counter-signatory.
(4)7 The provisions of this Section shall have no bearing on any legislation that may contain
derogating provisions in respect of the probative value of private documents, or that prescribe
certain formal requirements as regards the admission of documentary evidence.

1 Established by Section 12 of Act LXVIII of 1992, effective as of 1 January 1993.

2 Established by Subsection (3) of Section 113 of Act CCXXII of 2015, effective as of 1 July 2016.
3 Established by Subsection (3) of Section 113 of Act CCXXII of 2015, effective as of 1 July 2016.
4 Established by Subsection (1) of Section 1 of Act CXXI of 2016, effective as of 1 January 2017.
5 Established by Subsection (4) of Section 113 of Act CCXXII of 2015, effective as of 1 July 2016.
6 Numbering modified by Subsection (2) of Section 31 of Law-Decree No. 26 of 1972.
7 Numbering modified by Subsection (2) of Section 31 of Law-Decree No. 26 of 1972.
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Section 197

(1) The authenticity of a private document shall be verified only if it is contested by the opposing
party, or if deemed necessary by the court.
(2)1 If the authenticity of the signature on a private document is not contested or it has been
verified, and/or unless otherwise indicated by the verification process of an advanced electronic
signature or seal, or by verification within the framework of trust services that are used exclusively
within closed systems that the handwritten signature is that of the issuer, the text preceding the
signature or seal - or the data signed and sealed in respect of electronic statements - shall be
presumed not forged in the absence of proof to the contrary, except if the discrepancies or defects in
the statement contradict this presumption.
(3) The authenticity of the signature on a private document or the text itself may be verified - in
cases of doubt - by means of comparison to any other script whose authenticity is beyond any
doubt. To this end, the court may order a graphology test, and have a handwriting expert examine
the writing where deemed appropriate.
(4)2 If the identity of the signatory - or that of the creator of the seal - of an electronic document
executed by an advanced electronic signature or seal, or the authenticity of the document is in
doubt, to resolve such doubt the court shall - on general principle - contact the trust service provider
who has issued the certificate to attest the advanced electronic signature or seal in question. In case
if there is any doubt concerning the data verified by a time stamp associated with an electronic
document, the court shall - on general principle - contact the trust service provider who issued the
time stamp. In connection with electronic documents executed within the framework of trust
services that are used exclusively within closed systems, where the service provider clearly
establishes the identity of the issuer of the document and assigns that identity to that person by
providing assurance that the handwritten signature is that of the issuer, the court shall - on general
principle - contact the trust service provider operating the closed system.
(5)3 The court shall - in accordance with Section 8 - impose a financial penalty upon any party or
counsel for having denied the authenticity of his own signature or the signature of his client in spite
of his knowledge otherwise or due to gross negligence.
(6)4 In the case of electronic documents, in the absence of proof to the contrary, the data signed
and sealed shall be presumed not forged based on the endorsement of the storage service provider,
if the service provider:
a) established the validity of the certification of the electronic document at the time of receipt for
storage,
b) provides storage services in compliance with the requirements set out in the relevant
government decree, within the framework of qualified archiving service or electronic document
archiving central electronic administration service provided for in Act CCXXII of 2015 on the
General Rules for Trust Services for Electronic Transactions, and
c) verifies the authenticity of the electronic document in accordance with the relevant government
decree.
(7)5

Section 198

The provisions of Sections 196 and 197 shall apply to private documents made out abroad, with
the exception that:
a) a document made out to verify a specific transaction shall maintain its probative value
recognized by the law of the country where issued even if it fails to comply with Section 196;

1 Established by Subsection (5) of Section 113 of Act CCXXII of 2015, effective as of 1 July 2016.
2 Established by Subsection (6) of Section 113 of Act CCXXII of 2015, effective as of 1 July 2016.
3 Amended by Section 55 of Act CX of 1999, numbering modified by Subsection (3) of Section 29 of Act XXXV of 2001.
4 Established by Section 2 of Act CLVIII of 2016, effective as of 2 January 2017.
5 Repealed by Paragraph a) of Section 6 of Act CLVIII of 2016, effective as of 2 January 2017.
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b)1 powers of attorney, as well as statements made out for the purposes of litigation and other
private documents decreed by the minister in charge of the judicial system in the cases where
deemed appropriate shall be construed to have probative value under Section 196 if they have been
certified (recertified) by the Hungarian foreign mission in the country where it was issued.

Section 199

The court shall weigh all data and information obtained during the hearing and the evidentiary
procedure before making a decision as to the admissibility of documentary evidence in cases where
this Chapter fails to provide for the probative value of a document, or if the document fails to
comply with the provisions of Sections 195-198.

Foreign Law Verified

Section 2002

Performance of Taking of Evidence

Section 201

(1)3 The court of litigation shall perform the taking of evidence typically during the hearing. If,
however, this would entail considerable hardship or unreasonably higher costs, the court shall
request the district court in whose area of jurisdiction the persons to be questioned reside, or in
whose area of jurisdiction the taking of evidence may be performed in a manner which is
considered most practical. The court designated by decree of the minister in charge of the judicial
system shall be requested to carry out judicial acts in Budapest.
(2)4 The district court of jurisdiction for the place where the court of litigation is sitting may not
be requested to perform the taking of evidence.
(3)5 The court of litigation, or the requested court may perform the taking of evidence in the
absence of either party if summoned properly. No justification shall be accepted in such cases,
however, either of the parties may request to have the taking of evidence repeated if he has a strong
interest in such action, and if he undertakes to advance the related costs; the decision relating to the
request lies with the court of litigation upon weighing all applicable circumstances, even if the
taking of evidence was performed by the requested court.

Section 202
(1)6 Where the taking of evidence is performed upon request, the requested court shall be
provided all documents which are necessary for carrying out the request. The presiding judge shall
disclose to the requested court all issues which are to be clarified during the taking of evidence, as
well as all data and information deemed necessary for the performance of the taking of evidence.
This includes, in particular, the name and home address of the parties to the proceedings and of
their counsels, information relating to the prepayment of costs, a brief description covering the
appropriate segments of the case and the facts to be clarified by the taking of evidence, furthermore,
the name and home address of the persons to be questioned. If the requesting court has granted
exemption from costs (right of prenotation of duties) to either of the parties to the case, the related
information shall be disclosed as well.
1 Amended by Paragraph a) of Subsection (3) of Section 167 of Act CIX of 2006.
2 Repealed by Paragraph a) of Subsection (4) of Section 75 of Law-Decree No. 13 of 1979, effective as of 1 July 1979.
3 Third sentence enacted by Section 56 of Act VIII of 1957. Amended by Paragraph a) of Subsection (3) of Section 167 of Act
CIX of 2006. Former fourth sentence repealed by Paragraph a) of Section 184 of Act XLI of 1991. Amended: by subparagraph
c) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
4 Amended: by subparagraph c) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
5 Established by Section 13 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress as well.
6 Established by Section 4 of Act CV of 2001, effective as of 1 January 2002.
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(2)1 The requested court shall set the date for the performance of taking of evidence, and shall
summon the persons to be questioned, and shall notify the parties concerning such date. The
requested court shall perform the taking of evidence in the absence of lay assessors. In other
respects the requested court shall proceed according to the regulations applicable to courts of
litigation and - unless otherwise provided for by law - exercise the rights of the court of litigation;
the parties may also address questions to the persons to be examined. The requested court - at the
justified request of the parties, or if deemed necessary relying on the information on hand - may
perform the taking of additional evidence.
(3)2 The requested court shall comply with the request within fifteen days. If the requested court
failed to carry out the request within fifteen days, the reason therefor shall be communicated to the
requesting court.
(4)3 The requested court shall record the findings of the taking of evidence in a report. The report
shall indicate both the requesting and the requested court. The report made on the taking of
evidence shall be sent to the requesting court within eight days, including the relevant documents. If
carrying out the request falls in whole or in part within the jurisdiction of another court, the
requested court - after taking its part of the evidence - shall send the documents to the other court of
jurisdiction, and shall notify the requesting court and the parties accordingly.

Section 203
In the cases where - on the strength of law - the taking of evidence can be performed by the
presiding judge in the court_s stead, the provisions pertaining to the court in the process of taking of
evidence shall apply to the presiding judge.

Section 204

(1) If the taking of evidence has to be performed in a foreign state with which the Hungarian State
has signed an international agreement for satisfying requests or if they exercise reciprocity, the
taking of evidence shall be performed accordingly.
(2) In the absence of an international agreement to which the Republic of Hungary is a party or in
the absence of reciprocity, the court may set a deadline for the party - at his request - to present a
recertified authentic instrument made out to the extent necessary in accordance with the law of the
foreign state on the taking of evidence.
(3) The validity of taking of evidence performed abroad shall be determined according to the law
of the country where the taking of evidence was performed, in any case, it shall be deemed valid if
it complies with the provisions of this Act.

Section 205

(1) In the cases covered by Sections 202-204, the court shall - on general principle - set the date
for the hearing upon receipt of the report on the taking of evidence, and/or the authentic instruments
ordered to be presented.
(2) The presiding judge shall deliver during the hearing results of the taking of evidence; the
parties are entitled to make any submissions on the delivery and the results of the taking of
evidence.

Weighing the Results of the Taking of Evidence

Section 206

1 Third sentence established by Section 57 of Act VIII of 1957. Fourth sentence enacted by Section 33 of Law-Decree No. 26 of
1972, effective as of 1 January 1973. Amended under Subsection (3) of Section 33 of Act LXXII of 1997.
2 Established by Section 4 of Act CV of 2001, effective as of 1 January 2002.
3 Enacted by Section 4 of Act CV of 2001, effective as of 1 January 2002.
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(1) The court shall ascertain the relevant facts of a case upon weighing the arguments of the
parties against the evidence obtained by the performance of taking of evidence. The court shall
evaluate the evidence as a whole, and shall rule relying on its conviction.
(2) Upon weighing the facts based on the case file, the court shall determine, also according to its
conviction, the relevance that the party_s failure to appear may have as to the judgment of the case,
or the party_s or his counsel_s non-compliance with any request, or the relevance of their refusal to
answer a question, or their pleading to having no knowledge or recollection of certain specific facts.
(3) The court shall determine the amount of damages or any other claim to be awarded at its own
discretion, after weighing all circumstances of the case, provided that it cannot be established based
on the opinions of experts or other evidence.

Preliminary Taking of Evidence

Section 207

Preliminary taking of evidence may be performed at the request of any interested party before the
opening or during the course of the hearing, if:
a) there is reasonable cause to suggest that the taking of evidence could not be performed
successfully during the hearing or during any later stage of the hearing, or it would entail
considerable difficulties;
b)1 there is reason to believe that the preliminary performance of taking of evidence is likely to
facilitate the conduct or conclusion of the hearing within a reasonable period of time;
c)2 the party is held liable for the absence of any rights in rem;
d)3 performance of the preliminary taking of evidence is permitted by specific other legislation.

Section 208

(1)4 Performance of the preliminary taking of evidence shall be requested at the court of
litigation. If the hearing is not yet opened, the preliminary taking of evidence may be requested at
the district court of jurisdiction by reference to the applicant_s home address or at the district court
in whose jurisdiction the taking of evidence appears most practical.
(2) The request shall indicate:
a) the opposing party, or if the opposing party is not known, the reason thereof;
b) the facts intended to be demonstrated and the related evidence;
c) the circumstances under which the preliminary taking of evidence is admissible under Section
207.
(3) If the opposing party is not known it shall be duly substantiated, as well as the conditions for
the preliminary taking of evidence.
Section 209

(1)5 The court shall adopt a decision regarding the performance of the preliminary taking of
evidence - unless the opposing party is unknown - after hearing the opposing party (Section 113), or
without such hearing in cases or urgency. The writ of summons served for examination set for a
specific date shall have a copy of the request enclosed. If the court decided not to examine the
opposing party, the court_s decision shall be delivered to the opposing party only if the preliminary
taking of evidence has been ordered, in which case a copy of the request shall be attached to the
decision.

1 Enacted by Section 32 of Act CX of 1999, effective as of 1 January 2000.

2 Designation modified by Section 32 of Act CX of 1999.
3 Designation modified by Section 32 of Act CX of 1999.
4 Established by Subsection (1) of Section 185 of Act XLI of 1991, effective as of 1 January 1992. Amended: by subparagraph g)
paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
5 Amended by Paragraph a) of Section 184 of Act XLI of 1991.
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(2)1 An appeal relating to the ordering of the performance of preliminary taking of evidence may
be lodged only if it is refused by the court.

Section 210

(1) The general provisions on the taking of evidence shall also apply to the preliminary taking of
evidence.
(2) The court of litigation may perform the preliminary taking of evidence upon request as well.
(3)-(4)2

Section 211

(1) The evidence obtained by the preliminary procedure may be used by either of the parties
during the hearing.
(2)3
(3)4 The provisions on court costs shall also apply to the costs of the preliminary taking of
evidence.

CHAPTER XI

Decisions of the Court

Section 212

(1) The court shall resolve the merits of the case by way of judgment, and shall resolve all other
issues that may arise in the course of a hearing - including the dismissal of the action - by way of
rulings.
(2)5

Judgments

Section 213

(1) The judgment shall cover all claims enforced in the action, or in the cases joined pursuant to
Section 149.
(2) The court may resolve certain claims, or certain segments of an action claims that can be
adjudged separately by means of separate judgments (partial verdict), if no further hearing is
required in that respect, and if the hearing has to be postponed with a view to adopting a decision
regarding the other claims or an objection to offsetting. The partial verdict may be abolished by a
later decision if necessary with respect to the outcome of a hearing pertaining to an objection of
imputation or a counterclaim, or may be modified as appropriate.
(3) Where the dispute is severable in terms of recognizing the right enforced by the action, and of
the amount (quantity) of the claim to which the plaintiff is entitled on that basis, the court may
recognize that right by way of a preliminary judgment (interlocutory judgment). In this case the
hearing may be continued concerning the amount (quantity) of the claim only after the interlocutory
judgment becomes final.

1 Established by Subsection (2) of Section 185 of Act XLI of 1991, effective as of 1 January 1992.
2 Repealed by Paragraph a) of Section 184 of Act XLI of 1991, effective as of 1 January 1992.
3 Repealed by Subsection (1) of Section 174 of Act CX of 1999, effective as of 1 January 2000.
4 Established by Subsection (3) of Section 185 of Act XLI of 1991, effective as of 1 January 1992.
5 Repealed: by subparagraph b) paragraph (3) Section 208 of Act CLXI of 2011. No longer in force: as of 1. 01. 2012. Repealed
also: by Section 5 of Act CCI of 2011. The amendement of the paragraph was not possibble.
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Decisions Rendered

Section 214

(1)1 The court shall adopt its decision - if acting in a panel - after consultation in closed session
by way of voting. If the decision is not unanimous, it will be decided by simple majority.
(2)2 The younger judge shall cast his vote before the senior judge, with the presiding judge
casting his vote last. The judge outvoted shall have the right to attach his dissenting opinion in a
sealed envelope to the documents of the case. The minutes of the deliberations and the dissenting
opinion may be reviewed only by the court of appeal, by a person entitled to lodge disciplinary
proceedings, by the disciplinary tribunal in connection with disciplinary proceedings, and by the
panel of the Curia empowered to initiate harmonization procedures, or conducting harmonization
procedures.

Restrictions of Adjudicating3

Section 2154

The court_s decision must not exceed the claim enforced in the plea, nor the counter-plea; this
provision applies to the ancillary costs of the principal (interest, costs etc.) as well.

Section 216

Where a claim can be enforced under the rules of civil procedure from a certain segment of the
defendant_s personal assets, the court_s decision shall expressly designate that segment.

Deadline for Performance

Section 217

(1) On general principle, the time limit set for the performance of an obligation prescribed by the
court shall be fifteen days.
(2) The court may set the deadline for performance shorter or longer than fifteen days, if it
appears justified upon weighing the equitable interests of the parties or in light of the nature of the
obligation. The deadline for performance shall be determined taking into consideration whether the
parties act in good or bad faith during the proceedings.
(3)5 The court may order the performance of an obligation in segments. Under special
circumstances, after the definitive date of the decision the court of the first instance may authorize
partial performance or the amendment of partial performance at the justified request of either of the
parties - after hearing the other party - by way of a ruling. The court shall adopt this ruling without a
formal hearing, however, the other party must be heard beforehand (Section 113). In the event of
authorizing partial performance, the court may declare that in the event of default in payment of any
installment the debt shall become due and payable in full.
(4)6 In the case of possessory actions, at the plaintiff_s request the defendant must be ordered to
restore the original status quo and to terminate the infringement with immediate effect. In actions
relating to bills of exchange the deadline for performance shall be set at three days.
1 First sentence established by Section 34 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
2 Last sentence established by Section 5 of Act CV of 2001, effective as of 1 January 2002. Amended: by subparagraph c)
Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
3 Established by Subsection (1) of Section 59 of Act VIII of 1957, effective as of 1 March 1958.
4 Established by Subsection (2) of Section 59 of Act VIII of 1957, effective as of 1 March 1958.
5 Established by Section 47 of Act VI of 1954. Amended by Section 60 of Act VIII of 1957, and by Subsection (4) of Section 31 of
Act LX of 1995.
6 Established by Section 4 of Law-Decree No. 12 of 1960, effective as of 1 May 1960.
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(5)1 In a decision for the evacuation of an immovable property, at the obligor_s request, under
special and equitable circumstances the deadline for performance may be set up to six months if:
a) the property serves as the obligor_s residence, and it is the only residential property the obligor
and his family has;
b) in the request the obligor substantiated that he is unable to provide a residence for himself and
for his family on a temporary basis or otherwise;
c) the obligor was not fined during the hearing, and did not act in bad faith while arguing the case;
d) the property has to be vacated for reasons other than unlawful tenancy.
(6)2 The deadline for performance shall commence on the day following the day when the
decision is delivered (Section 219).
(7)3 In the event of condemnation relating to unexpired outstanding claims [Subsection (2) of
Section 122] the day of expiry shall serve as the deadline for performance.

Delivery and Publication of Decisions

Section 218

(1)4 The rulings and the judgment adopted in a hearing shall be delivered on the day of the
hearing. Delivery, however, may be postponed in respect of judgments - by not more than fifteen
days - with the exception that the day of delivery has to be announced forthwith, and the decision
has to be committed to writing by the day of delivery.
(2)5 The operative part of the decision shall be committed to writing before it is delivered, and
shall be signed by members of the panel.
(3)6 The delivery of decisions shall cover the reading of the operative part and a brief description
of the reasons; the latter may be ignored if no reasoning is required on the strength of law.

Section 219

(1) The following shall be served by process:

a) judgments upon the parties;
b) a ruling adopted during the hearing to the party who was not properly summoned to the
hearing;
c) any ruling adopted in the course of the hearing for setting a new deadline, or that may be
contested separately, to the party who failed to appear at the hearing (Section 135);
d) any ruling adopted without a formal hearing to the interested party;
e)7 any decision adopted during the proceedings to the person on whose behalf the public
prosecutor or a person or body so authorized by specific other legislation brought the action.
(2)8 A decision - unless the court failed to deliver it [Subsection (1) of Section 218] - must be
committed to writing within not more then fifteen days from the time when it was adopted, and
shall be served by process within eight days from the time when it was put in writing. If the court
failed to deliver a judgment, the court shall forthwith serve the judgment put in writing to the
parties present at the time of delivery, and shall indicate this in the court records, and shall have it
served to the parties absent within eight days. In addition to the operative part, the parties shall
receive the justification as well, except if no reasoning is required on the strength of law.
(3) Any decision that is not covered by Subsection (1) shall be considered served at the time of
delivery.
(4)9 Documents shall be delivered to detainees held in penal institutions or police detention
facilities through the warden of the penal institution or the captain of the police lockup.

1 Enacted by Subsection (1) of Section 169 of Act CXXXVI of 2000, effective as of 1 September 2001.
2 Numbering modified by Subsection (1) of Section 169 of Act CXXXVI of 2000.
3 Numbering modified by Subsection (1) of Section 169 of Act CXXXVI of 2000.
4 Established by Section 35 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
5 Enacted by Subsection (1) of Section 6 of Act CV of 2001, effective as of 1 January 2002.
6 Numbering modified by Subsection (1) of Section 6 of Act CV of 2001.
7 Enacted by Section 48 of Act VI of 1954. Amended by Subsection (3) of Section 21 of Act CXXX of 2005.
8 Established by Section 36 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
9 Enacted by Subsection (2) of Section 6 of Act CV of 2001, effective as of 1 January 2002.
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(5)1 The provisions of this Section shall also apply where a decision has to be delivered to
interested persons rather than to the parties.

Contents of Court Decisions

Section 220

(1) The written judgment shall contain:

a) the name of the court and the case number;
b)2 the name of the parties and their counsels, including their home address and status in the
action;
c) the subject matter of the action;
d) the operative part of the judgment and the justification;
e) date showing the place and time of rendering the judgment.
(2)3
(3)4 The judgment, following the operative part, shall offer information as to whether or not the
judgment can be appealed, and if yes the place and time where and when it has to be submitted.
Moreover, the parties shall be informed of their right to request a hearing in the cases referred to in
Paragraphs b)-d) of Subsection (1) of Section 256/A, or in the case of joint request submitted before
the deadline for appeal, their right for requesting a judgment without a formal hearing.

Section 2215

(1) The justification of the judgment shall offer a brief description of the facts as determined by
the court, indicating the relevant evidence as well, and shall state the laws on which the court_s
decision is based. Furthermore, a brief mention shall be made of the circumstances guiding the
court in weighing up the evidence, and, finally, reference shall be made to the reasons on account of
which the court found some facts unsubstantiated, or on account of which declared some evidence
inadmissible.
(2) The justification of a judgment rendered upon the waiver of a right, or in the basis of
recognition of a right shall contain, in addition to the brief description of the facts, reference to the
waiver or the recognition only. Decisions adopted during such proceedings shall be explained
insofar as they can be contested only in the appeal lodged against the judgment itself.
(3) If a case is considered simple from a legal and factual point of view, the justification of the
judgment shall contain a brief description of the relevant facts of the case, and shall indicate the
relevant legislation underlying the decision.
(4)6 If so agreed by the parties, the justification of the judgment may be limited to what is
contained in Subsection (3).
(5)7 Subsection (3) shall also apply where all persons with entitlement to appeal have waived their
right to appeal.

Section 222

1 Numbering modified by Subsection (2) of Section 6 of Act CV of 2001.

2 Amended by Subsection (1) of Section 31 of Act LX of 1995.
3 Repealed by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Also applies to proceedings in
progress.
4 Established by Section 34 of Act CX of 1999. Former second sentence repealed by Paragraph a) of Subsection (7) of Section
64 of Act XXX of 2008, effective as of 1 January 2009.
5 Established by Section 36 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Enacted: by Section 114 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
7 Established by Section 37 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
Numbering amended: by Section 114 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
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(1)1 The provisions of Section 220 shall also apply to rulings, with the exception that the home
address of the parties and their counsels shall be indicated in the ruling only if deemed appropriate,
and that justification is required only if the ruling may be contested separately. The ruling of
approval of a settlement shall require no separate justification.
(2) The court may incorporate rulings adopted in the course of a hearing into the court records, in
which case the ruling is to contain the operative part and the justification only.

Section 223

(1)2 The court_s decisions shall be signed by the presiding judge and other judges sitting in the
panel, or by the judge if the court proceeds without any lay assessors [Subsection (2) of Section 11].
If any of the above persons are unable to affix their signature due to some impediment, this shall be
shown on the decision with the reason indicated.
(2) The decisions rendered by the presiding judge or by the requested court shall be signed,
respectively, by the presiding judge or the judge hearing the case.
(3)3 A decision incorporated into the court records shall be signed only if the decision is adopted
in conclusion of the proceedings.

Correction of Court Decisions

Section 224

(1) Where a decision contains any error concerning a name or number, or any calculation error or
other similar typographical error, the court may order the necessary corrections of its own motion at
any time by way of a ruling.
(2) The court may render a decision in connection with corrections without hearing the parties.
Missing the deadline set for the hearing - in the case of written examination - shall not hinder the
decision-making process, and no application for continuation will be accepted upon failure to meet
this deadline.
(3)4 The ruling ordering the correction of a decision shall be entered, where possible, on the
official copies made on the decision. If the decision has already been delivered, the copy indicating
the correction shall be delivered as well.
(4) The decision on correction may be appealed only if it pertains to the operative part.
(5) A request made for correction shall have no suspensory effect on any appeal lodged against
the decision, nor on the enforcement of the decision.

Supplementary Decisions

Section 225

(1)5 A supplementary judgment may be requested within fifteen days from the time of delivery by
either party, if the court failed to render a decision with respect to a claim or counter-plea, or any
part of a claim or counter-plea, as regards either a main or a collateral obligation, or as regards the
bearing of the court costs or the provisional enforceability of the judgment, in spite of being
required to do so.
(2) A supplementary judgment may be applied for by way of an express petition.

1 Amended by Section 37 of Law-Decree No. 26 of 1972, and by Subsection (1) of Section 31 of Act LX of 1995.
2 First sentence established by Section 38 of Law-Decree No. 26 of 1972, effective as of 1 January 1973. Amended under
Subsection (3) of Section 33 of Act LXXII of 1997.
3 Established by Section 62 of Act VIII of 1957, effective as of 1 March 1958.
4 Second sentence enacted by Section 7 of Act CV of 2001, effective as of 1 January 2002.
5 Established by Section 38 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well.
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(3)1 The court shall decide the petition relying on the hearing; the failure of either party to attend
shall not impede the decision-making process and no application for continuation will be accepted
upon failure to attend the hearing. In the petition the party may request the court - with a statement
of agreement from the opposing party enclosed - to decide the petition without a formal hearing.
(4) If the court_s decision is in favor of the petition, a supplementary judgment shall be rendered,
otherwise the petition shall be refused by way of a ruling. The supplementary judgment shall be
noted on the original judgment and on any official copy thereof, where possible.
(5) The petition for a supplementary judgment shall have no suspensory effect on any appeal
lodged against the judgment, nor on the enforcement of the judgment, however, the court may - of
its own motion or otherwise - suspend the enforcement of the judgment insofar as the petition for
the supplementary decision is decided.
(6)2 If the court did not address in its judgment an issue that is to be resolved ex officio pursuant
to the relevant legislation, the court shall proceed to remedy the situation of its own motion
immediately upon taking notice thereof. A supplementary judgment shall be made ex officio if it is
necessary stemming from the decision adopted regarding an appeal lodged against a ruling specified
in Section 233/A.

Section 226
The provisions of Section 225 shall also apply to the completion of rulings, in such cases,
however, the court shall adopt a ruling when deciding in favor of the petition, and may refrain from
hearing the parties.

Enforceability of Decisions

Section 227

(1) Unless otherwise provided for by law, the court shall be bound to its own decision in the
action for which it was rendered, from the time of publication of the decision, or if it was not
published from the time of delivery.
(2) The court shall not be bound by any ruling relating to the conduct of the hearing, or adopted
for the refusal of any unilateral request, however, the court shall be able to modify any ruling for
the refusal of certain acts that has to be performed within a certain time limit during the proceedings
before it becomes final and enforceable (Section 228).
(3) The court shall be allowed to modify a ruling establishing a financial penalty for material
reasons.

Section 228
(1)3 Any decision that cannot be appealed shall become enforceable upon publication (Section
218); however, the time limits which are set to begin at the operative date of the decision, shall
begin at the time when the decision is delivered to the party (Section 219).
(2)4 Parties represented by legal counsel shall have the right to waive their right to appeal by
lodging a joint statement not later than at the date when the hearing preceding the giving of
judgment in the first instance is adjourned. The waiver of the right to appeal may not be withdrawn.
In the event of the waiver of the right to appeal the judgment shall become enforceable upon
delivery. The waiver shall be inadmissible if the court has violated the rules of the proceedings of
the first instance to a degree that would entail the application of Subsection (1) of Section 252.
Upon request made in an appeal lodged in respect of the inadmissibility of waiver the court of the
second instance may suspend the enforcement of the judgment.

1 Established by Subsection (1) of Section 35 of Act CX of 1999, effective as of 1 January 2000.

2 Established by Subsection (2) of Section 35 of Act CX of 1999, effective as of 1 July 2003.
3 Established by Subsection (1) of Section 63 of Act VIII of 1957, effective as of 1 March 1958.
4 Established by Section 36 of Act CX of 1999, effective as of 1 January 2000.
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(3)1 If the decision can be appealed and the parties did not exercise the option referred to in
Subsection (2), however, neither of the parties entitled thereto have submitted an appeal, the
decision shall be considered enforceable as of the day following the deadline for appeal. If the
parties waived their right to appeal, the decision shall become enforceable at the time when the
waiver is notified to the court. Waiver shall be considered valid only if notified by all parties after
the publication of the decision. Waiver may not be withdrawn. The decision shall become
enforceable on the day following the court receiving the last notification.
(4)2 If the appeal or cross-appeal is submitted in due time the decision shall not become
enforceable; the effect of the appeal (cross-appeal) lodged by either of the co-defendants shall cover
the other co-defendants only in the case referred to in Paragraph a) of Section 51. However, if a
person entitled to appeal exercises his such right and lodges an appeal (cross-appeal) only against a
specific segment of the decision, the sections (provisions) of the decision not contested by an appeal
(cross-appeal) shall become enforceable. Moreover, any sections of the decision that cannot be
appealed (cross-appealed) shall also become enforceable.

Section 229

(1) The enforceability of a final judgment rendered in connection with a right precludes to have
another action brought by the same parties - including their successors - for the same subject under
the same factual grounds, and it constitutes an absolute bar for such parties to dispute a substantive
judgment already adopted in the case (res judicata).
(2)3 Subsection (1) shall apply also if the final judgment was rendered based on a claim lodged
instead of the party, by the public prosecutor or a person or body so authorized by specific other
legislation on his behalf, provided that the judgment was properly delivered to the party, and it
became enforceable with respect to the party as well within the meaning of Section 228.
(3)4 The enforceability of a res judicata judgment shall cover any counter-claim set-off in the
judgment, to the extent set off.

Section 230

(1) Where a judgment confers any obligation upon one of the parties that expires after the
judgment is rendered [Subsection (2) of Section 122], the res judicata judgment shall not prevent
either of the parties to bring action for having the quantity or duration of the provision modified, if
the circumstances underlying the court_s decision have subsequently changed to a considerable
degree.
(2) The rules of jurisdiction under Chapter III shall apply to the actions brought under Subsection
(1). However, if either of the parties have already brought action on the basis of Subsection (1), the
court of litigation shall have jurisdiction to hear any action brought by the other party while this
action is in progress.
(3) The court, in an action brought under this Section, may modify the provisions awarded by a
previous judgment only for a period beginning six months before the action was filed.

Section 230/A5

(1) The presiding judge acting in the first instance shall have a clause of res judicata entered on
the original copy of the decision.
(2) In proceedings involving several persons or several matters, if the decision of the court of the
first instance becomes enforceable only in sections pertaining to certain persons or certain matters,
this shall be expressly indicated in the aforesaid clause. It shall also indicate the day on which the
decision became partially final, specifying the part enforceable.

1 Enacted by Section 36 of Act CX of 1999, effective as of 1 January 2000.

2 Established by Subsection (2) of Section 63 of Act VIII of 1957. Numbering modified by Section 36 of Act CX of 1999.
3 Enacted by Subsection (1) of Section 51 of Act VI of 1954. Amended by Subsection (3) of Section 21 of Act CXXX of 2005.
4 Numbering modified by Subsection (2) of Section 51 of Act VI of 1954.
5 Enacted by Section 8 of Act CV of 2001, effective as of 1 January 2002.
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(3)1 The party affected shall be notified of enforceability, within eight days of the operative date
of the decision in question. Notification shall be carried by means of delivery of the res judicata
ruling, or a duly endorsed copy of the decision, if the decision has not been delivered to the party.
The duly endorsed copy of the decision containing the seal of res judicata, or the res judicata ruling
- the latter together with the official copy of the decision - shall be sent to the bodies designated by
the relevant legislation as well.
(4) If partial enforceability can be ascertained only after having the documents of the case
forwarded to the court of the second instance for any reason, the action specified in Subsection (3)
shall be carried out by the court of the second instance.

Provisional Enforceability

Section 231

The following shall be declared final and enforceable irrespective of any appeal:
a) judgments awarding maintenance, annuities, and other similar periodic provisions;
b)2
c) judgments for the termination of trespass;
d) judgments awarding any claim recognized by the defendant;
e) judgments awarding monetary damages on the basis of any commitment contained in an
authentic instrument or private document with full probative force (Sections 195 and 196), if all
underlying circumstances had been evidenced by such documents;
f) judgments awarding non-monetary damages, if the plaintiff is likely to suffer unreasonably
extensive damages or losses that would be difficult to ascertain, and if the plaintiff provides
adequate guarantees.

Section 232

(1) In the cases covered by Paragraphs c)-f) of Section 231, the court may refrain from declaring
provisional enforceability if this entails a disproportionately greater burden upon the defendant than
what the plaintiff would have to endure if provisional enforceability is ignored. The defendant shall
present his request therefor before the hearing is adjourned. The court may declare the judgment
partially enforceable to the extent deemed necessary relying on the prevailing circumstances.
(2)3 In exceptional and justified cases, the court may refrain from declaring a judgment
provisionally enforceable with respect to installments already expired before the judgment is
rendered.
(3)4 Provisional enforceability shall not apply to court costs.

PART THREE

REDRESS PROCEDURES

CHAPTER XII

Appeal

1 Established by Section 39 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well. See also
Section 8 of Act LXVIII of 2009.
2 Repealed by Subsection (1) of Section 64 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
3 Enacted by Subsection (1) of Section 52 of Act VI of 1954, effective as of 1 August 1954.
4 Numbering modified by Subsection (2) of Section 52 of Act VI of 1954.
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Decisions Subject to Appeal

Section 233

(1)1 The decisions of the court of the first instance may be appealed, if an appeal is not precluded
by law. An appeal may be lodged by the party, the intervener and, finally, by any person to whom
any provision of the decision may be of concern, against the appropriate section.2
(2) From the perspective of the appeal, the decisions of the presiding judge shall be construed
equivalent to the court decisions.
(3)3 No appeal may be lodged:
a)4
b) against rulings adopted in the course of the proceedings, with the exception of rulings for the
bearing of court costs or for imposing financial penalty, and the rulings that may be appealed
separately on the strength of law.
c)5

Section 233/A6
An appeal may be filed against a final decision passed in the second instance, against which,
according to the rules of the first instance proceeding, an appeal may be lodged, and against a
second instance ruling rejecting the appeal ex officio.7

Time Limits for Appeal, Contents and Suspensory Effect

Section 234

(1)8 The time limit for appeal is fifteen days from the time of delivery of the decision (Section
219), or three days in actions relating to bills of exchange.
(2) The appeal shall be submitted at the court of the first instance in writing, or committed to the
records.
(3) If a decision can be appealed, any means of contest - other than correction requests and
petitions for supplementary decision (Sections 224-226) - shall be recognized as an appeal.

Section 2359

1 Established by Subsection (1) of Section 40 of Law-Decree No. 26 of 1972. Amended under Constitutional Court Resolution
No. 1/1994 (I. 7.) AB.
2 See Harmonized Administrative-Civil Law Decision No. 1/2008.
3 Established by Subsection (2) of Section 53 of Act VI of 1954, effective as of 1 August 1954.
4 Repealed by Subsection (4) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Remains to apply to cases in
progress, if the court has already adopted the decision in the first instance.
5 Repealed by Subsection (4) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Remains to apply to cases in
progress, if the court has already adopted the decision in the first instance.
6 Enacted by Section 37 of Act CX of 1999, effective as of 1 July 2003.
7 See Harmonized Administrative-Civil Law Decision No. 1/2006.
8 Established by Section 54 of Act VI of 1954. Former second sentence repealed by Subsection (2) of Section 31 of Act LX of
1995, effective as of 29 August 1995. Also applies to proceedings in progress.
9 Established by Section 65 of Act VIII of 1957, effective as of 1 March 1958.
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(1)1 The appeal shall indicate the decision contested and shall contain the party_s argument for
having the decision modified, showing also the specific provisions to be amended. New facts and
evidence may be presented in the appeal if the appellant came into possession of the new fact or the
new evidence after the decision was rendered in the first instance, provided that such new fact or
evidence would have been to his benefit had it been considered originally. In the appeal new facts
and evidence may be presented, or a motion for the performance of taking of evidence that was
ignored by the court of the first instance can be made if it is intended to demonstrate the
unlawfulness of the decision adopted in the first instance; the provisions contained in Subsection (6)
of Section 141 shall apply in this case nevertheless.
(2) If an appeal fails to satisfy the relevant legal requirements, or it has to be completed or revised
for some other reason, the measures conferred by Section 95 to the competence of the presiding
judge shall be carried out by the presiding judge acting in the first instance.
(3)2 If the decision was rendered in the first instance by the general court, the parties represented
by legal counsel may lodge a joint request enclosed with the appeal against the decision with a
motion to have the appeal - suggesting the infringement of any substantive law - transferred directly
to the Curia. In action relating to rights in property the parties may request to have the case
transferred to the Curia if the amount disputed (or the value calculated according to Section 24) is in
excess of five hundred thousand forints.
(4)3 In an appeal submitted under Subsection (3) no new fact or evidence may be presented. The
appeal shall be decided without a formal hearing, under the provisions of review proceedings,
therefore the Curia shall render its decision relying on the documents made available. The decision
of the Curia may not be subject to further judicial review.

Section 236

The appeal shall have a suspensory effect in terms of the enforcement of the decision, unless
otherwise provided for by law, or by a court on the strength of law.

Refusal or Forwarding Appeals

Section 2374

If the appeal is submitted in delay, or if filed against a decision that cannot be appealed by that
person, furthermore, if the party fails to submit the appeal as requested [Subsection (2) of Section
235] or the appeal submitted is incomplete, the court of first instance shall dismiss the appeal of its
own motion. The court of the second instance may impose financial penalty (Section 120) upon any
person who lodges an appeal against a decision on dismissal that is clearly unfounded.

Section 238
(1)5 If the time limit for appeal expired with respect to all parties, or if the appeal is submitted by
all parties completely, the court of the first instance shall forward it together with all documents of
the case to the court of the second instance within not more than eight days. If the action referred to
in Subsection (2) of Section 235 is required, the time limit shall commence at the time such action
is taken. If the appeal covers the declaration of the decision provisionally enforceable as well, the
appeal shall be forwarded promptly, before the expiry of the time limit for appeal.
(2) If the appeal is lodged against a partial verdict, it shall suffice to forward the relevant
documents of the case. Of the documents forwarded, the ones required also for the proceedings of
the first instance shall be copied before forwarding them.

1 Established by Subsection (1) of Section 38 of Act CX of 1999, effective as of 1 January 2000.

2 Enacted by Subsection (2) of Section 38 of Act CX of 1999, effective as of 1 July 2003. Amended: by subparagraphs d) and e)
Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
3 Enacted by Subsection (2) of Section 38 of Act CX of 1999, effective as of 1 July 2003. Amended: by subparagraph c) Section
204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
4 Established by Section 10 of Law-Decree No. 31 of 1979, effective as of 1 January 1980.
5 Established by Section 39 of Act CX of 1999, effective as of 1 January 2000.
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(3)1 The provisions above shall apply to rulings adopted in the course of proceedings with the
exception that the court of the first instance shall forward only the first copy of the appeal to the
court of the second instance together with the necessary documents; otherwise Section 257 applies
in this case as well.
(4) If, in addition to filing an appeal, the party exercises his right of justification for failing the
attend the hearing before the decision was adopted, or for failing to meet the deadline, the appeal
shall be forwarded to the court of the second instance only if the application for continuation with
justification is refused.
(5) An appeal lodged against the decision of the requested court shall be decided by the court of
the second instance of the requesting court, or by the requesting court itself if the request is made by
the court of the second instance.

Application of the Rules of Proceedings of the First Instance

Section 239

Unless otherwise provided for in this Chapter, the provisions contained in Part Two of this Act
pertaining to proceedings in the first instance shall also apply to proceedings in the second instance.
Measures Before Setting the Date of Appellate Hearing

Section 2402

(1) In the case of an appeal lodged against a judgment the presiding judge shall - upon having the
documents delivered to the court of the second instance - take measures to request any missing
information, where applicable (Section 95); if the appeal should have been dismissed by the court
of the first instance (Section 237), the presiding judge shall proceed accordingly.
(2) The presiding judge shall decide regarding the suspension of enforcement, if the court of the
first instance declared the judgment provisionally enforceable in contrast with Sections 231-232.

Section 241

(1) The appellant may withdraw his appeal before the court retires for rendering a decision in the
second instance. If withdrawn, the appeal may not be submitted once again.
(2)3 If the appeal is withdrawn, the presiding judge shall transfer the case back to court of the first
instance, and shall adopt a decision if the bearing of costs has to be decided.

Section 242
(1) Additional security (Section 89) may be demanded only from the appellant plaintiff, and only
if the defendant is able to verify that the part of the claim awarded is insufficient to provide
adequate security.
(2)4 If the plaintiff fails to provide security despite of the decision rendered under Subsection (1),
the presiding judge shall - at the defendant_s request - dismiss the appeal lodged by the plaintiff
without setting a hearing.

Setting an Appellate Hearing

1 Established by Section 67 of Act VIII of 1957, effective as of 1 March 1958.

2 Amended under Subsection (3) of Section 63 of Law-Decree No. 26 of 1972.
3 Amended under Subsection (3) of Section 63 of Law-Decree No. 26 of 1972.
4 Amended under Subsection (3) of Section 63 of Law-Decree No. 26 of 1972.
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Section 2431

(1)2 If there is no reason for the application of Sections 240-242, the presiding judge shall set the
date for hearing the appeal within thirty days of the time of forwarding the appeal, and shall
summon the parties, the interveners, and any person who appealed the decision. The writs of
summons shall have a copy of the appeal attached. If the public prosecutor participated in the
proceedings of the first instance, the competent public prosecutor shall be notified of the hearing as
well.
(2)3 If not precluded by the circumstances of the case, the day of the hearing shall be set within a
period of four months from the day when the documents of the case are delivered to the court of the
second instance. The hearing shall be scheduled so as to allow at least fifteen days to elapse
between the time the appeal is delivered to the opposing party and the date of the hearing. This time
interval may not be reduced.
(3) In the writ of summons the parties shall be advised that their absence shall not prevent the
appeal to be decided (Section 245), and - if they do not attend the hearing in person - they may be
represented by the authorized representative defined in Section 67.

Counter-Appeals and Cross-Appeals4

Section 2445

(1) The opposing party of the appellant shall be advised in the writ of summons for the appellate
hearing of his right to lodge a counter-plea relating to the appeal, and - if aiming to have the
judgment contested by the appeal modified as well - of his right to submit a cross-appeal to the
extent of any right to appeal against the judgment. If the appeal is not concerned with the principal
object of the action, no cross-appeal may be lodged in respect of the principal object of the action.
Subsection (1) of Section 235 applies to counter-appeals and cross-appeals as well.
(2) The counter-appeal shall be submitted at the hearing, and the cross-appeal shall be submitted
within eight days from the date of delivery of the appeal to the court of the second instance [Section
93, Subsections (1)-(3) of Section 94]. The court of the second instance shall have the second copy
of the counter-appeal or the cross-appeal delivered to the appellant without delay.
(3) The court of the second instance shall dismiss any cross-appeal that has been precluded or
filed in delay, and the dismissal of the appeal ex officio, as well as any counter-appeal or
cross-appeal lodged against an appeal in the case covered by Subsection (2) of Section 241 and by
Subsection (2) of Section 242 shall become inoperative.
(4) A cross-appeal submitted within the time limit available for the party to lodge an appeal shall
be treated as an independent appeal.
Failure to Attend the Appellate Hearing

Section 2456

The failure of any person who has been properly summoned or any of the parties to attend the
appellate hearing shall not impede the conduct of the hearing, nor the decision-making process. No
application for continuation with justification will be accepted in such cases. The court, however, if
examination of either of the non-attending persons is deemed necessary, may postpone the hearing
in the course of the proceedings in the second instance, and set a new day in court.

1 Established by Section 68 of Act VIII of 1957, effective as of 1 March 1958.

2 Established by Section 40 of Act CX of 1999, effective as of 1 January 2000. The provisions pertaining to time limits shall
apply only to the cases opened after 1 January 2003. See also Subsection (4) of Section 165 of the same act.
3 Established by Section 40 of Act CX of 1999, effective as of 1 January 2000.
4 Established by Section 69 of Act VIII of 1957, effective as of 1 March 1958.
5 Established by Section 69 of Act VIII of 1957, effective as of 1 March 1958.
6 Established by Section 41 of Act CX of 1999, effective as of 1 January 2000.
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Conduct of the Appellate Hearing

Section 2461

(1)2 After the opening of the appellate hearing the presiding judge or the judge he has appointed
shall recite the decision of the court of the first instance.
(2)3 After stating the decision of the court of the first instance the appellant or the presiding judge,
or the judge he has appointed shall recite the appeal. After that members of the court and the parties
may request further information from the documents. Furthermore, the appellant has the right to
modify or supplement his written appeal [Subsection (5) of Section 146].
(3) After the appeal is presented the opposing party may state his counter-appeal. If the
counter-appeal, or the cross-appeal has already been filed in writing, it shall suffice to recite them,
presenting only any derogation that may exist from the original (Section 247).

Section 2474

(1)5 In proceedings in the second instance the claim may not be altered. The statement referred to
in Paragraph a) of Subsection (5) of Section 146 may be accepted if allowed under Subsection (1)
of Section 235.
(2) The appeal or cross-appeal may not be extended to any part of the judgment of the first
instance unaffected by an appeal or cross-appeal. In other respects, the appeal or the cross-appeal
may be modified before the closing of the hearing.
(3)6 In proceedings in the second instance an objection to offsetting may be presented only if
acknowledged by the opposing party, or if the claim asked to be satisfied by way of set-off expired
after the hearing of the first instance was adjourned.

Section 248

If there are any proceedings in progress before the court of the first instance stemming from a
request made for correction or supplementation of a judgment, or from an application for
continuation with justification, the appellate court may - of its own motion or otherwise, after
hearing the parties present - suspend the proceedings until the decision concerning the correction or
supplementation, or the application for continuation with justification becomes final, or until the
appeal against it is forwarded.

Section 249

(1) As regards the arguments and request for the performance of taking of evidence that may be
presented in an appellate hearing the provisions of Section 235 shall apply.
(2)7 If the court of the second instance orders the taking of evidence in connection with an appeal
(cross-appeal) or a counter-appeal, it shall be carried out directly, or by way of request. These
proceedings shall be subject to Section 201, with the exception that the high court of appeal may
request the general court of the first instance, or the district court of the place where the general
court is sitting for the performance of taking of evidence.

1 Established by Section 71 of Act VIII of 1957, effective as of 1 March 1958.

2 Established: by Section 115 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
3 Established: by Section 115 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
4 Established by Section 72 of Act VIII of 1957, effective as of 1 March 1958.
5 Established: by Section 116 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
6 Enacted by Section 42 of Act CX of 1999, effective as of 1 January 2000.
7 Established by Subsection (1) of Section 73 of Act VIII of 1957. Amended by Subsection (2) of Section 31 of Act LX of 1995,
and by Section 55 of Act CX of 1999. Amended: by subparagraph f) Section 204 of Act CLXI of 2011. In force: as of 1. 01.
2012. Amended: by subparagraph c) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
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(3)1 In the cases where the taking of evidence may be performed, on the strength of law, by the
presiding judge instead of the court of the first instance, the court of the second instance may
appoint any member of the panel to perform the taking of evidence.

Section 249/A2

Decisions Rendered in Appellate Hearings

Section 250

The court of the second instance shall apply the provisions of Sections 240-242 as appropriate
also in the cases brought to hearing.

Section 251

(1)3 If the court of the second instance dismisses the case within the meaning of Section 157 after
the hearing, it shall also abolish - by way of a ruling - the judgment of the court of the first instance
on the whole, or only the part to which the grounds for dismissal apply.4
(2) If the deficiencies underlying the dismissal of the case can be remedied or redressed by
approval of the procedure, the party affected shall be requested before the case is dismissed to do so
within the prescribed deadline.

Section 2525

(1) The court of the second instance shall abolish - by way of a ruling - the judgment rendered by
the court of the first instance irrespective of the framework of appeals (cross-appeals) or
counter-appeals, and shall instruct the court of the first instance to reopen the case and to render a
new decision if the court of the first instance had not been properly formed, or if a judge who
should have been disqualified by law took part in rendering the judgment.
(2) The court of the second instance may abolish - by way of a ruling - the judgment rendered by
the court of the first instance irrespective of the framework of appeals (cross-appeals) or
counter-appeals, and may instruct the court of the first instance to reopen the case and to render a
new decision if the hearing has to be repeated or completed due to any infringement of the main
rules of the procedure of the first instance.
(3) If performance of taking of evidence has to be repeated or completed in a large scale or
entirely, however, the conditions referred to in Subsections (1) and (2) are not satisfied, the court of
the second instance shall have powers to abolish the judgment rendered by the court of the first
instance - in any case within the framework of appeals (cross-appeals), or counter-appeals -, and
may instruct the court of the first instance to reopen the case and to render a new decision within
this framework.
(4) The ruling of abolishment shall contain a description of the judgment rendered in the first
instance, the reasons for abolishment, and the instructions relating to the new procedure. The court
of the second instance shall, in the case of this Section, establish the amount of court costs only,
while the decision for the bearing of costs lies with the court of the first instance. The court of the
second instance may stipulate that the action is to be heard by another panel of the court of the first
instance or by another court of the same competence.

Section 252/A6

1 Established by Subsection (2) of Section 73 of Act VIII of 1957, effective as of 1 March 1958.
2 Repealed by Subsection (2) of Section 14 of Act LXVIII of 2009, effective as of 1 January 2010.
3 Established by Section 74 of Act VIII of 1957, effective as of 1 March 1958.
4 See Harmonized Administrative-Civil Law Decision No. 1/2006.
5 Established by Section 75 of Act VIII of 1957, effective as of 1 March 1958.
6 Repealed by Section 76 of Act VIII of 1957, effective as of 1 March 1958.
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Section 253

(1)1 The court of the second instance shall decide on the merits of the case based on the appellate
hearing, if the decision is not forthcoming under the previous provisions of this Act.
(2)2 If the judgment rendered by the court of the first instance is deemed correct as to substance,
the court of the second instance shall sustain it, or shall reverse the judgment given by the court of
the first instance in whole or in part, or shall adopt an interlocutory judgment or a partial verdict.
(3)3 The court of the second instance shall be able to modify the judgment rendered by the court
of the first instance within the framework of an appeal (cross-appeal) and counter-appeal (Section
247), within this framework, however, it may decide matters relating to rights enforced by the
action or underlying the argument presented in defense against it, which the court of the first
instance did not address or decide. The court of the second instance shall render a decision
irrespective of the framework of appeals (cross-appeals) or counter-appeals concerning unpaid
duties, as well as expenses advanced by the State that have not been recovered.
(4)4 If the hearing has to be carried on after the decision on an appeal lodged against the
interlocutory judgment has been rendered concerning the amount (quantity) of the claim, the court
of the second instance shall send the documents of the case to the court of the first instance. The
court of the second instance shall follow the same procedure also if it renders an interlocutory
judgment under Subsection (3) of Section 213 in respect of an appeal lodged against a decision for
dismissing the claim.

Section 254

(1) The court of the second instance shall, in addition to the judgment rendered by the court of the
first instance, review other decisions adopted during the proceedings, except for the ones that
cannot be appealed under any circumstances, or the ones that may be contested separately.
(2)5 The court of the second instance shall, in its ruling on the approval of the settlement,
establish that the judgment rendered by the court of the first instance and contested by the appeal
(cross-appeal) is abolished to the extent pertaining to the settlement.
(3)6 In the resolution passed in conclusion of proceedings the name of the court of the first
instance shall be indicated along with the case number. If the court of the second instance decided
to sustain the judgment of the first instance based on its own reasons, it shall suffice to mention this
fact in the justification of the judgment rendered in the second instance.
(4)7 Following the conclusion of proceedings in the second instance the court shall send the
documents of the case to the court of the first instance within thirty days. The court of the first
instance shall have the resolution passed in conclusion of proceedings in the second instance
delivered to the parties by service of process within fifteen days of receipt of the documents. If the
court of the second instance postponed publication of the decision [Subsection (1) of Section 218],
it shall promptly make available a copy of its written decision to the parties present, and shall enter
this in the records.

Suspension of Appellate Proceedings

Section 255

1 Established by Subsection (1) of Section 77 of Act VIII of 1957, effective as of 1 March 1958.
2 Established by Subsection (1) of Section 77 of Act VIII of 1957, effective as of 1 March 1958.
3 Enacted by Subsection (1) of Section 77 of Act VIII of 1957. Second sentence enacted by Section 41 of Law-Decree No. 26 of
1972, effective as of 1 January 1973.
4 Numbering modified by Subsection (2) of Section 77 of Act VIII of 1957.
5 Enacted by Subsection (1) of Section 42 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Numbering modified and second sentence enacted by Subsection (2) of Section 42 of Law-Decree No. 26 of 1972, effective as
of 1 January 1973.
7 Established by Section 43 of Act CX of 1999, effective as of 1 January 2000. The provisions pertaining to time limits shall
apply only to the cases opened after 1 January 2003.
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(1)1 In the case covered by Paragraph b) of Subsection (1) of Section 137 the appellate
proceeding may not be suspended.
(2)2 Where the action is dismissed in connection with suspension (Section 137), the decisions
rendered in the first instance, contested by appeal (cross-appeal), or the sections (provisions) of
decisions rendered in the first instance, contested by appeal (cross-appeal) shall be abolished.

Declaration of Enforceability of Judgments3

Section 256

(1) If the appellate hearing is postponed, the court - at the interested party_s request and upon
weighing all circumstances of the case - may decide to suspend in whole or in part the enforcement
of a judgment that has been declared enforceable under any passage of Section 231, or may declare
the judgment enforceable in whole or in part (Sections 231-232).
(2)4 The court of the second instance may, upon request, declare by way of a ruling at any time
during the proceedings in the second instance any part of a judgment that is not contested by an
appeal or cross-appeal final [Subsection (3) of Section 228]. If the court has abolished a judgment
rendered in the first instance under Section 251 or Subsection (1) or (2) of Section 252 in its
entirety, the res judicata ruling shall also be abolished.

Assessment of Appeals Without Formal Hearing5

Section 256/A6

(1) The court of the second instance may decide an appeal against a judgment without a formal
hearing if:
a) the judgment rendered by the court of the first instance has to be abolished under Section 251,
or under Subsections (1) and (2) of Section 252;
b) the appeal pertains only to the payment of interest, the bearing or the amount of court costs, or
to the payment of any unpaid duty or the recovery of expenses advanced by the State;
c) the appeal pertains only to provisional enforceability, deadline for performance or the
authorization of payment by installments;
d) the appeal is lodged against the justification of the judgment only;
e)7 the parties so requested;
f)8 it is of the opinion that the case can be decided without a formal hearing taking into
consideration of what is contained in the appeal (cross-appeal), or counter-appeal.
(2) If the party did not request to have a hearing held in his appeal lodged under Paragraphs b)-d)
of Subsection (1) above, the presiding judge shall advise the opposing party when delivering the
appeal to the opposing party, that he has the right to request a hearing within eight days of receipt of
the notice. The opposing party shall be advised, furthermore, of his right to lodge a counter-plea in
writing within eight days of receipt, or a cross-appeal within the framework specified in Subsection
(1) of Section 244, in lieu of requesting a hearing. The court of the second instance shall forthwith
communicate the counter-plea, or the cross-appeal to the opposing party.

1 Established by Section 20 of Act LX of 1995, effective as of 29 August 1995. Applies to cases in progress where the no decision
had been adopted in the first instance by that time.
2 Established by Section 78 of Act VIII of 1957, effective as of 1 March 1958.
3 Established by Subsection (1) of Section 79 of Act VIII of 1957, effective as of 1 March 1958.
4 Established by Subsection (2) of Section 79 of Act VIII of 1957, effective as of 1 March 1958.
5 Enacted by Section 43 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Established by Section 14 of Act LXVIII of 1992, effective as of 1 January 1993. See Subsection (2) of Section 29 of the same
act.
7 Amended by Section 36 of Act LXXII of 1997.
8 Established by Subsection (1) of Section 18 of Act LXXII of 1997, effective as of 1 January 1998. Applies to proceedings
opened after the time of entry into force. See also Subsection (2) of Section 34 of Act LXXII of 1997.
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(3)1 If the court of the second instance finds the application of Paragraph f) of Subsection (1)
justified, the parties shall be notified accordingly, and shall be advised that a hearing will be held if
so requested by either of the parties in writing within eight days.
(4)2 In the case referred to in Paragraph e) of Subsection (1), and if the parties did not request a
hearing upon receipt of notice under Subsections (2)-(3), the case must be decided without a formal
hearing.
(5)3 An appeal may not be decided without a formal hearing if taking of evidence has to be
performed. If the requirement to have the taking of evidence performed emerged in the process of
handling the case without a formal hearing, the court of the second instance shall conduct a hearing
for deciding the appeal.
(6)4 The parties need not be notified of the time of rendering a decision concerning the appeal
(cross-appeal) without a formal hearing, and no minutes shall be taken on the proceedings.
Decisions rendered without a formal hearing shall be subject to the provisions of Sections 250-254.

Sections 256/B-256/E5

Appeals Against Rulings

Section 257

(1)6 If the court of the first instance is not bound by its ruling that has been appealed (Section
227), the appeal may be decided by that court itself. Otherwise, an appeal against a ruling is decided
by the court of the second instance without a formal hearing. The court of the first instance shall
deliver a copy of the appeal to the opposing party of the appellant advising him of his right to make
comments within eight days from the time of receipt of the appeal to the court of the first instance.
No cross-appeal may be filed. The deadline may be reduced in justified cases. After the expiry of
the deadline, the court of the first instance shall forward the documents of the case, including the
comments received, if any. The court of the second instance shall hear the parties if deemed
appropriate (Section 113).
(2)7 The appeal against a ruling for the refusal of intervention or for the exclusion of the
intervener from litigation, if the time limit for appeal or for making comments has already expired
for all parties concerned, or if all parties have submitted the appeal or comment fully, shall be
forwarded by the court of first instance, together with the documents of the case, to the court of the
second instance at the latest within eight days, and it shall be decided by the court of the second
instance within fifteen days from the time of receipt, without hearing any further arguments.

Section 258
(1) If a ruling that has been appealed is found unlawful, and the information required for having
the ruling modified cannot be located, the court of the second instance shall abolish the ruling and
shall order the court of the first instance to render a new decision.
(2) If the court of the second instance decided to abolish the ruling adopted by the court of the
first instance dismissing the action, it shall order the court of the first instance to carry on the
proceedings and to render a new decision.

1 Enacted by Subsection (2) of Section 18 of Act LXXII of 1997, effective as of 1 January 1998. Applies to proceedings opened
after the time of entry into force. See also Subsection (2) of Section 34 of Act LXXII of 1997.
2 Enacted by Section 44 of Act CX of 1999, effective as of 1 January 2000.
3 Numbering modified by Subsection (2) of Section 18 of Act LXXII of 1997, and by Section 44 of Act CX of 1999.
4 Numbering modified by Subsection (2) of Section 18 of Act LXXII of 1997, and by Section 44 of Act CX of 1999.
5 Repealed together with the former subtitle by Paragraph b) of Subsection (7) of Section 64 of Act XXX of 2008, effective as of
1 January 2009.
6 Established by Section 63 of Act VI of 1954. Last sentence established by Section 80 of Act VIII of 1957. Numbering modified
under Section 21 of Act LX of 1995.
7 Established: by Section 7 of Act LXIX of 2013. In force: as of 1. 06. 2013.
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Section 2591

Unless otherwise provided for by Section 257 and Section 258, the provisions on appeals brought
against judgments shall also apply to appeals lodged against rulings.

Objection2

Section 259/A3

CHAPTER XIII

Retrial

Cases of Retrial

Section 260

(1) A motion for retrial may be submitted against a final judgment if:
a) the party presents any fact or evidence, or any binding court or other official decision that the
court did not take into consideration during the hearing, provided that it would have been to his
benefit had it been considered originally;
b) the party lost the action in consequence of any crime committed by a judge who took part in
rendering the judgment, or by the opposing party or any other person, contrary to the law;
c) a final judgment has previously been adopted relating to the same right;
d)4 the statement of claim or any other document was delivered to the party by way of public
notification in violation of the provisions on service of process by public notification.
(2)5 Under Paragraph a) of Subsection (1) above, either of the parties shall be able to file a motion
for retrial only if he was unable to present the fact, evidence or decision mentioned therein during
the previous proceedings through no fault of his own.
(3) A motion for retrial under Paragraph b) of Subsection (1) above may be submitted only if the
criminal conduct cited as the reason for retrial has been established by final court verdict, or if such
verdict could not have been returned for reasons other than the lack of evidence.
(4)6 Relying on Paragraph d) of Subsection (1) a motion for retrial may be lodged only by a party
to whom the document was delivered by way of public notification, and only if the court was
unable to apply the sanctions specified in Subsection (2) of Section 101 in the proceedings of the
first instance or in any other redress procedures for reasons beyond the party_s control, and the
party did not consent to the procedure ensuing the service of process by way of public notification.
(5)7 No retrial may be conducted with respect to a judgment adopted in favor of a request for the
vacancy of a residential property, declaring the termination of rental agreement valid, nor with
respect to actions of replevin as regards the principal object of the action.

1 Established by Section 20 of Act LXXII of 1997. Amended by Paragraph c) of Subsection (7) of Section 64 of Act XXX of 2008.
2 Enacted by Section 2 of Act CXXII of 1996, effective as of 1 January 1997.
3 Repealed by Subsection (3) of Section 174 of Act CX of 1999, effective as of 1 July 2003.
4 Enacted by Subsection (1) of Section 40 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well. See also Subsection (3) of Section 65 of Act XXX of 2008.
5 Established by Section 22 of Act LX of 1995, effective as of 29 August 1995. Applies to cases of retrial where the original
proceedings had been opened subsequently.
6 Enacted by Subsection (2) of Section 40 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well. See also Subsection (3) of Section 65 of Act XXX of 2008.
7 Established by Section 5 of Law-Decree No. 12 of 1960. Numbering modified by Subsection (2) of Section 40 of Act XXX of
2008.
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Section 261

(1)1 A motion for retrial shall be submitted within six months; this time limit shall begin from the
operative date of the judgment contested, or if the party gained knowledge of the reason for retrial
subsequently, or had the opportunity to motion for retrial thereafter, it shall begin at that time. It
shall suffice to provide circumstantial evidence as to the time of gaining knowledge.
(2)2 The public prosecutor - if he did not take part in the proceedings - shall have the same time
limit for presenting a motion for retrial as the parties.3
(3)4 After five years from the operative date of the judgment no retrial may be conducted. No
application for continuation may be submitted upon failure to meet this deadline.

Section 262

Subject to the provisions on retrials against judgment, retrial may be conducted with regard to
court-approved settlements as well, however, under Paragraph a) of Subsection (1) of Section 260
only if the party having filed the motion for retrial had no knowledge of the fact or evidence
(judgment, decision) serving grounds for retrial at the time when the settlement was concluded.
Section 262/A5

A motion for retrial may be lodged against a final judgment under the decision of the Curia in the
case defined in Paragraph a) of Section 361.

Submission and Assessment of Motions for Retrial

Section 263

(1)6 A motion for retrial shall be submitted to the court of the first instance (Section 93), or it may
be stated for the records as well (Section 94).
(2)7 The motion for retrial shall describe the judgment against which the motion is filed, and a
petition shall be presented for having such judgment modified. The motion shall specify the facts
and the relating evidence serving grounds for the retrial; if the motion is filed six months after the
operative date of the judgment, the reasons shall be indicated as well.

Section 264

If the motion for retrial is submitted five years after the operative date of the judgment contested,
the court shall ex officio refuse the motion without setting a hearing.
Section 2658

If the party having filed the motion for retrial fails to attend the first hearing, the court shall ex
officio dismiss the motion for retrial; the opposing party_s failure to attend shall not prevent the
hearing. This provision shall not apply if the party having filed the motion for retrial requested the
court to open the hearing in his absence.
1 Established by Section 82 of Act VIII of 1957, effective as of 1 March 1958.
2 Enacted by Subsection (1) of Section 64 of Act VI of 1954, effective as of 1 August 1954.
3 See Constitutional Court Resolution No. 5/1996 (II. 23.) AB.
4 Numbering modified by Subsection (2) of Section 64 of Act VI of 1954.
5 Enacted by Subsection (1) of Section 1 of Act XLV of 1999, effective as of 1 June 1999. Applies to cases opened on the basis of
a constitutional complaint that was decided (concluded) by the Constitutional Court after 1 June 1999. Amended: by
subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph a) Section 4 of Act
CCI of 2011. In force: as of 1. 01. 2012.
6 Established by Section 65 of Act VI of 1954, effective as of 1 August 1954.
7 Second sentence established by Section 83 of Act VIII of 1957, effective as of 1 March 1958.
8 Second sentence established by Section 84 of Act VIII of 1957. Amended under Subsection (1) of Section 64 of Law-Decree No.
26 of 1972.
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Section 2661

(1) The court shall of its own motion examine as to whether the conditions set out under Sections
260-262 for retrial are satisfied. As regards admissibility within the meaning of Paragraph a) of
Subsection (1) of Section 260, it shall be determined as to whether the facts and evidence presented
by the party having filed the motion for retrial are sufficient, if found admissible, to enable the court
to bring a decision that is more favorable for the party having filed the motion for retrial. The court
may address during the hearing the merits of the retrial and may adopt a decision; however, if it
appears more reasonable the court shall hold a hearing separately regarding admissibility as to
reopening the case and shall decide by way of a ruling.
(2) If the court finds the retrial admissible, it shall set a date for hearing the case on the merits, or
shall continue the hearing on the merits, or shall declare the motion for retrial inadmissible for
being heard on the merits, and shall dismiss it.
(3) If the court rendered a separate decision as to the admissibility of a motion for retrial, this
decision may be contested separately; in this hearing the case as to substance may continue after the
decision becomes final and enforceable.
(4)2 In the case of any motion for retrial submitted under Section 262/A retrial is considered
admissible on the strength of law, of which no separate court decision is required.
Section 266/A3

Where a motion for retrial is submitted under Paragraph d) of Subsection (1) of Section 260, the
court of the first instance - if it did not ex officio dismiss the motion under Section 264 - shall
forward it together with the documents of the case to the court of the second instance (court of
review) for decision as to the admissibility and merits thereof, if the violation of the provisions on
service of process by public notification took place in the proceedings of the second instance
(review proceedings). In this case only the part of the proceedings affected by admissibility shall be
repeated. Otherwise, the court of the second instance (court of review) shall proceed according to
Sections 265 and 266, and Sections 267 and 268.

Section 2674

(1) If retrial is found admissible, the case shall be reopened and heard within the framework of
the motion; any change of action shall be subject to Subsection (1) of Section 247.
(2) If retrial is anticipated to succeed, the court may suspend the enforcement of the contested
judgment, or the continuation of hearing the case in connection with an interlocutory judgment, of
its own motion; the parties shall be heard - if present - as regards the suspension. The court may
subsequently modify the decision it has adopted on the subject of suspension.
Section 2685

The court, relying on the findings of the retrial, may either sustain the contested judgment, or may
decide to abolish the judgment in whole or in part and render a decision in due compliance with the
law.

Section 269

1 Established by Section 85 of Act VIII of 1957, effective as of 1 March 1958.

2 Enacted by Subsection (2) of Section 1 of Act XLV of 1999, effective as of 1 June 1999. Applies to cases opened on the basis of
a constitutional complaint that was decided (concluded) by the Constitutional Court after 1 June 1999.
3 Enacted by Section 41 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as well. See also
Subsection (3) of Section 65 of Act XXX of 2008.
4 Established by Section 86 of Act VIII of 1957, effective as of 1 March 1958.
5 Established by Section 87 of Act VIII of 1957, effective as of 1 March 1958.
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Unless this Chapter provides otherwise, the court shall proceed to hear the retrial in accordance
with the general provisions. Similarly, decisions and redress procedures lodged against such
decisions are subject to the general provisions as well.

CHAPTER XIV1

Judicial Review2

Section 2703

(1)4 Unless otherwise provided for by law, the Curia shall handle review procedures according to
the general provisions.
(2)5 A motion for the review of a final judgment or a final ruling adopted on the merits of the case
may be submitted to the Curia - on the grounds of infringement - by the party, the intervener, or by
any person to whom any provision of the decision may be of concern, against the appropriate
section.
(3)6 A petition for review may be filed in accordance with Subsection (2) against a ruling for the
refusal of the statement of claim under Paragraphs a)-h) of Subsection (1) of Section 130 without
issuing any writ of summons, and dismissing the action according to Paragraphs a) and g) of
Section 157, and to Subsection (1) of Section 157/A.

Section 2717

(1) Judicial review may not be requested:

a) against any decision in the first instance that has become final and enforceable, unless it is
permitted by law;
b) if the party did not exercise his right to appeal and the court of the second instance sustained
the decision of the first instance under appeal by the other party;
c)8 against the part of a final decision pertaining only to payment of interest and the bearing of
court costs;
d)9 against the part of a final decision pertaining only to deadlines for performance or payment by
installments, or pertaining only to the grounds for the final decision;
e)10 if the decision was rendered by the Curia;
f) against any judgment for the annulment or dissolution of marriage, as regards the annulment or
dissolution;
g)11 against any judgment to rebut the presumption of fatherhood - in the part rebutting the
presumption of fatherhood -, if fatherhood is assumed by any person subject to the father_s
full-fledged consent after the presumption of fatherhood has been rebutted, or if fatherhood was
established by final court decision;
h) against a ruling for the approval of a settlement;

1 Established by Section 14 of Act CXXX of 2005, effective as of 1 January 2006.

2 Established by Section 14 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress if a final court
decision is not available by 1 January 2006. If a final court decision is available by 1 January 2006, the provisions previously
in force shall apply to the review proceedings.
3 Established by Section 14 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress if a final court
decision is not available by 1 January 2006 If a final court decision is available by 1 January 2006, the provisions previously
in force shall apply to the review proceedings.
4 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
5 Amended: by subparagraph p) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
6 Amended by Paragraph b) of Section 73 of Act L of 2009, Paragraph d) of Subsection (8) of Section 18 of Act LXXI of 2015.
7 Established by Section 14 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress if a final court
decision is not available by 1 January 2006 If a final court decision is available by 1 January 2006, the provisions previously
in force shall apply to the review proceedings.
8 Establised: by paragraph (1) Section 6 of Act CXVII of 2012. In force: as of 1. 09. 2012.
9 Establised: by paragraph (1) Section 6 of Act CXVII of 2012. In force: as of 1. 09. 2012.
10 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
11 Amended by Paragraph h) of Subsection (38) of Section 85 of Act CCLII of 2013.
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i)1 against judgments rendered in actions in rem;

j) in municipal government debt consolidation procedures, against the ruling ordering debt
consolidation;
k) against court decisions rendered in connection with the issue of visas;
l) where precluded by law.
(2)2 No review may be requested in respect of actions relating to property rights where the value
disputed in the petition for review, or the value established under Section 24, Subsections (3) and
(4) of Section 25, and under Subsection (3) of Section 25 as regards joined cases is below three
million forints. Such restriction according to value limit shall not apply to actions brought for
restitution, to the cases defined under Paragraph b) of Subsection (1) of Section 23 and Paragraph a)
of Subsection (2) of Section 24, and to actions pertaining to the ownership of immovable property
or to any rights in immovable property, and those arising from any contract relating to immovable
property, an to all cases seeking awards.
(3) Judicial review may not be requested, if the court of the second instance sustained the decision
of the court of the first instance:
a) in actions relating to any infringement of neighboring rights, or to trespassing, and actions
relating to the control and use of jointly owned property;
b) in enforcement actions specified in Chapter XXV, with the exception of cases for the
termination or restriction of enforcement, where enforcement was opened on the basis of a
document with an enforcement clause affixed;
c)3 in actions for the settlement of parental custody or the third-party placement of a child, for
making any change in placement, and in actions relating to visitation rights.
(4)4 Judicial review may not be requested, if the court of the second instance sustained the
decision of the court of the first instance on the grounds of the same statutory provision:
a) in the actions referred to in Subparagraph ec) of Subsection (1) of Section 23; and
b) against decisions brought with respect to resolutions adopted by bodies of condominium
owners associations.

Section 2725

(1) The petition for review shall be submitted to the court having rendered the decision in the first
instance within sixty days from the time of publication of the decision, or shall be sent by registered
mail containing a copy for each party involved in the action, plus two.
(2) The petition for review shall specify the decision that is the subject of the petition for review,
a description of the contents of the decision desired, furthermore, it shall demonstrate - in addition
to the infringement and the specific statute violated - the party_s request to have the decision
modified, showing also the reasons.
(3) Where the description of the infringement is provided correctly in the petition for review,
however, the indication of the specific statute violated is wrong, the petition for review may not be
refused on such grounds.
(4) The petition for review shall have attached the legal counsel_s power of attorney, unless it was
made available previously.
(5) If the time limit for the submission of petitions for review expired with respect to all parties,
or if the petition for review has been submitted by all parties the court of the first instance shall
forward it together with the documents of the case to the Curia without delay, and shall send a copy
of the petition for review to the court having rendered the final decision with a notice of the opening
of the procedure. If enforcement has already been ordered, or if suspension of the enforcement has
been requested, the petition for review shall be forwarded upon receipt without delay.

1 Establised: by paragraph (2) Section 6 of Act CXVII of 2012. In force: as of 1. 09. 2012.
2 Established by Section 8 of Act LXIX of 2013. Amended by Point 20 of Subsection (37) of Section 85 of Act CCLII of 2013.
3 Amended by Point 21 of Subsection (37) of Section 85 of Act CCLII of 2013.
4 Enacted: by Section 8 of Act CXVII of 2012. In force: as of 1. 09. 2012.
5 Establised: by Section 9 of Act CXVII of 2012. In force: as of 1. 09. 2012.
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Section 2731

(1)2 Where a petition for review is submitted by the legal counsel the Curia shall refuse it of its
own motion if it fails to comply with the requirements set out in Subsection (2) of Section 272, or if
the petition is not completed within the legal deadline prescribed for submission.
(2) The Curia shall dismiss a petition for review of its own motion any time during the
proceedings if:3
a) a petition for review cannot be submitted;
b) it was filed by a person without proper entitlement; or
c) the petitioner cannot be summoned from the home address (registered office) indicated, or
moved to a location unknown.
(3)4 A petition for review shall have no suspensory effect concerning the enforcement of the
decision, however, the Curia has powers to suspend enforcement upon request, under special
circumstances. In adopting a ruling for the suspension of enforcement the court shall - first and
foremost - take into consideration as to whether the original state can be restored following
enforcement, or whether the damage caused by the lack of enforcement outweighs the loss the
suspension of enforcement is likely to entail. At the party_s request the Curia shall apprise the real
estate supervisory authority concerning the submission of the petition for review, provided that this
is permitted by law.
(4)5 In the case of petition for review against an interlocutory judgment - if anticipated to succeed
- the Curia may, of its own motion, suspend the continuation of hearing the case. The court may
subsequently modify the decision it has adopted on the subject of suspension.
(5)6 No changes are allowed in the petition for review; however, it may be withdrawn before the
Curia renders its decision, or - if a hearing is held - until it retires for returning a decision. The
decision as to the bearing of the related costs lies with the Curia.
(6) The provisions contained in Sections 244 and 257 shall also apply to the submission of
cross-petitions for review and to counter-pleas. The party may submit a cross-petition for review
only if he himself was entitled to file a petition for review.

Section 2747

(1)8 The Curia shall decide the petition for review without a formal hearing, except if either of the
parties has requested a hearing, or if the Curia is of the opinion that a hearing is necessary. In the
case of petition for review submitted against a ruling requesting a hearing is not an option.
(2) A request for hearing shall be made by the petitioner in the petition for review, or within eight
days of receipt of the opposing party_s cross-petition for review, and by the opposing party within
eight days of receipt of the petition for review. No application for continuation will be accepted
upon failure to meet these deadlines.
(3) If the petition for review is decided in a hearing, the presiding judge shall set the date of the
hearing so as to allow at least fifteen to days to elapse between the time the petition for review is
delivered to the parties and the date of the hearing. In the writ of summons the parties shall be
advised that their absence shall not prevent the petition for review to be decided.
(4) For review proceedings the provisions on appellate hearings shall apply, with the exception of
the provisions of Section 247.

1 Established by Section 14 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress if a final court
decision is not available by 1 January 2006 If a final court decision is available by 1 January 2006, the provisions previously
in force shall apply to the review proceedings.
2 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
3 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
4 Amended by Paragraph a) of Subsection (1) of Section 73 of Act CIX of 2006. Amended: by subparagraph d) Section 204 of
Act CLXI of 2011. In force: as of 1. 01. 2012.
5 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
6 Amended: by subparagraph d) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
7 Established by Section 14 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress if a final court
decision is not available by 1 January 2006 If a final court decision is available by 1 January 2006, the provisions previously
in force shall apply to the review proceedings.
8 Amended: by subparagraph d) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
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(5) If in connection with a petition for review the acting panel moves to initiate harmonization
procedure [OACA, Paragraph b) of Subsection (2) of Section 29], it shall simultaneously suspend
the hearing of the case until conclusion of the harmonization procedure. Following conclusion of
the harmonization procedure, the court shall render its decision consistent with the harmonized
decision adopted in principle of the legal matter.
(6)1 As regards questions of law, the presiding judge may, upon the transmission of documents,
request the Prosecutor General to make his position known within the prescribed time limit.
(7)2 The Prosecutor General_s position shall be communicated to the parties; they shall have an
opportunity to comment thereon within the time limit prescribed by the presiding judge. This rule
shall also apply if the Prosecutor General presents his position for reasons other than a request by
the presiding judge.
(8)3 In proceedings where the Prosecutor General made his position known, the review decision
of the Curia shall be delivered to the Prosecutor General as well.

Section 2754

(1)5 In review procedures no taking of evidence shall be performed. The Curia shall render its
decision concerning the petition for review relying on the documents available.
(2)6 The Curia shall have powers to review a final decision only within the framework of the
petition for review or the cross-petition for review, unless it decides to dismiss the action of its own
motion, or if the court that rendered the decision had not been properly formed, or if a judge who
should have been disqualified by law took part in rendering the decision.
(3)7 If the decision reviewed is found in compliance with the relevant legislation, or if any breach
of procedural regulations has occurred, which had no impact on the merits of the case, the Curia
shall sustain the decision contested.
(4)8 If a decision is found unlawful, except for the breach of procedural regulations mentioned in
Subsection (3), the Curia shall abolish the final decision in question in whole or in part, and if the
facts needed for a decision can be ascertained, it shall render a new, lawful decision instead of such
decision or instead of the decision of the first instance, or in any other cases it shall instruct the
competent court of the first or second instance to reopen the case and to render a new decision.
(5)9 If the Curia has ordered the competent court of the first or second instance to reopen the case
and to render a new decision, it shall also convey mandatory instructions in its ruling of
abolishment. In this case it shall only determine the amount of the costs of the review procedure,
whereas the decision as to the bearing of such costs lies with the court rendering the new decision.
(6)10 If the Curia orders the court of the second instance to reopen the case, its decision shall be
delivered to the parties by the court of the second instance, in other cases by the court of the first
instance, and shall take measures - consistent with the decision - for having the enforcement
procedure terminated or restricted, or for having the suspension of the enforcement procedure lifted.
(7)11 If the case is reopened, the hearing shall be opened by reciting the decision of the Curia, and
shall continue according to the relevant provisions applicable to the court hearing the case.
PART FOUR

SPECIAL PROCEDURES

1 Enacted: by paragraph (2) Section 44 of Act CLXIII of 2011. In force: as of 1. 01. 2012.
2 Enacted: by paragraph (2) Section 44 of Act CLXIII of 2011. In force: as of 1. 01. 2012.
3 Enacted: by paragraph (2) Section 44 of Act CLXIII of 2011. In force: as of 1. 01. 2012.
4 Established by Section 14 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress if a final court
decision is not available by 1 January 2006 If a final court decision is available by 1 January 2006, the provisions previously
in force shall apply to the review proceedings.
5 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
6 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
7 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
8 Establised: by Section 10 of Act CXVII of 2012. In force: as of 1. 09. 2012.
9 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
10 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
11 Amended: by subparagraph c) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
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CHAPTER XV

Matrimonial Proceedings

Application of General Rules

Section 276

(1) The provisions of Chapters I-XIV shall apply to matrimonial proceedings subject to the
exceptions set out in this Chapter.
(2) Matrimonial proceedings shall cover actions for voiding a marriage and for the annulment of a
marriage, that is to say, actions for establishing the validity or the existence or non-existence of
marriage, as well as actions for the dissolution of a marriage.
(3) The provisions governing actions for annulment shall also apply to actions for establishing the
validity, the existence or non-existence of a marriage.
Jurisdiction

Section 277

(1)1
(2)2 In respect of matrimonial proceedings the court in whose jurisdiction the last home of the
married couple was located shall also be declared competent.
(3)3 If there is no Hungarian court considered to have jurisdiction for matrimonial proceedings
neither under Section 29 nor under this Section, the Pesti Központi Kerületi Bíróság (Pest Central
District Court) shall handle such actions.
(4)4 Where matrimonial proceedings are already in progress, another action relating to the same
marriage and an action for property rights arising out of the matrimonial relationship must be heard
by the same court.

Legal Status and Representation of the Persons Involved in the Action

Section 278
In matrimonial proceedings the spouse with limited legal capacity shall have complete
competency in legal proceedings.

Section 279

(1)5
(2) In matrimonial proceedings no intervention is allowed.
(3)6 In connection with matrimonial proceedings the signature on a power of attorney provided to
a person other than a law firm or an attorney, or the initials affixed on a power of attorney made to
any person must be certified by a notary public.
1 Repealed by Section 7 of Law-Decree No. 14 of 1961, effective as of 1 October 1961.
2 Numbering modified by Subsection (2) of Section 92 of Act VIII of 1957.
3 Established by Subsection (2) of Section 92 of Act VIII of 1957, effective as of 1 March 1958.
4 Established by Section 46 of Law-Decree No. 26 of 1972. Amended by Paragraph c) of Section 31 of Act LXVIII of 1992.
5 Repealed by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Also applies to proceedings in
progress.
6 Established and the former Subsection (3) repealed by Section 47 of Law-Decree No. 26 of 1972. Amended by Paragraph a) of
Section 31 of Act LXVIII of 1992.
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(4)1

Section 2802

Filing for Action

Section 281

(1)3 If the party has no competency in legal proceedings, and there exists any conflict of interest
between this person and his legal representative, the court shall appoint a guardian ad litem to
represent this party.
(2) In matrimonial proceedings Section 127 may not be applied.

Section 2824

In front of the court of matrimonial proceedings a joint action may be filed only if it pertains to
the annulment or dissolution of the same marriage, the origin or maintenance of a child, the
settlement of parental custody or the third-party placement of a child, or if the action concerns
property rights arising out of the matrimonial relationship (Section 292).

Section 283

(1)5 In matrimonial proceedings, the statement of claim shall contain information concerning the
contracting of the marriage and the birth of any living child from the marriage, and information to
support the right for bringing the action to the extent appropriate. The documents supporting the
information supplied shall be enclosed with the statement of claim, except if they can be verified by
a personal identification document, however, this shall be indicated in the statement of claim.
(2)6
(3) The public prosecutor shall be notified that an action for annulment has been opened with a
copy of the statement of claim enclosed.
(4)7

Hearing and Taking of Evidence

Section 284

(1)8 In matrimonial proceedings the court may declare the hearing closed from the public at the
party_s request, even if the conditions set out in Section 5 do not exist. The court shall advise the
parties of this fact.
(2)9 In matrimonial proceedings the plaintiff shall be entitled to withdraw his claim without the
consent of the defendant at any time during the proceeding. If the plaintiff has decided to withdraw
his claim after the conclusion of the proceedings of the first instance, but before the judgment
becomes operative, the judgment shall be abolished by the court of the first instance before the
documents are forwarded due to an appeal, or by the court of the second instance in other cases.

1 Repealed: by Section 31 of Act LXII of 2012. No longer in force: as of 29. 06. 2012.
2 Repealed together with the former subtitle by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995.
Also applies to proceedings in progress.
3 Established by Subsection (17) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Amended by Point 22 of Subsection (37) of Section 85 of Act CCLII of 2013.
5 Established by Section 73 of Act VI of 1954, effective as of 1 August 1954.
6 Repealed by Subsection (2) of Section 39 of Act IV of 1986, effective as of 1 July 1987.
7 Repealed by Subsection (2) of Section 31 of Act LX of 1995, effective as of 29 August 1995. Also applies to proceedings in
progress.
8 Established by Section 50 of Act CX of 1999, effective as of 1 January 2000.
9 Second sentence enacted by Subsection (2) of Section 95 of Act VIII of 1957, effective as of 1 March 1958.
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(3)1 In matrimonial proceedings the court shall hear the spouses in person, unless an exemption is
provided by law; the court may also decide to keep a spouse away from the hearing of the other
spouse.

Section 2852

(1)3 In divorce cases, the court shall examine the parties present during the first hearing. If either
of the spouses is placed under guardianship invoking fully limited legal competency, or his/her
whereabouts are unknown, or if he/she is unable to appear before the court due to insurmountable
obstacles, the examination of such spouse in person is not mandatory.
(2) If the plaintiff fails to appear in person - save where Subsection (1) applies - at the first
hearing, the case shall be dismissed.
(3) The court may attempt at any time during the proceedings to steer the parties towards
reconciliation. If reconciliation is successful, the court shall dismiss the case, and shall not decide as
to the bearing of court costs.
(4)4 If during the first hearing in a divorce case the parties fail to settle their differences, the court
- subject to the exception set out in Subsection (5) - shall postpone the hearing, and shall advise the
parties of their right to request continuation of the proceedings within three months in writing,
otherwise the case shall be dismissed. The court shall set the date of the next hearing thirty days
after the time of submission of the application.
(5)5 In the cases covered by Subsection (1), or if the parties have no child of minor age together,
the court shall proceed to hear the case as to merits during the first session.

Section 286

(1)6 The court may order the taking of evidence of its own motion where deemed necessary.
(2) In matrimonial proceedings a witness may not refuse to testify under Paragraph a) of
Subsection (1) of Section 170, and similarly, a doctor summoned as a witness may not refuse to
testify under Paragraph c) of Subsection (1) of Section 170.

Section 2877

In matrimonial proceedings the court, if the hearing is adjourned, shall decide of its own motion
on a temporary basis where appropriate concerning:
a)8 the maintenance of a minor child, and the placement of the child at either parent as the
designated place of residence;
b) the expansion or restriction of parental responsibility;
c) visitation rights between parent and child; or
d) the use of residential property among the spouses.
Section 288

(1)9 If the defendant fails to appear at the first or any subsequent hearing of the matrimonial
proceedings, the sanctions relating to omissions shall not be applied. In the event of the plaintiff_s
omission the court shall dismiss the case, however, if the public prosecutor functions as the
plaintiff, the court shall set a new date of its own motion. Any plaintiff whose permanent residence
is located abroad may request the court to proceed with the hearing in his absence.

1 Enacted by Section 41 of Act IV of 1986, effective as of 1 July 1987.

2 Established by Section 42 of Act IV of 1986, effective as of 1 July 1987.
3 First sentence established by Subsection (1) of Section 23 of Act LX of 1995, former last sentence repealed by Subsection (2) of
Section 31 of Act LX of 1995. Amended by Point 23 of Subsection (37) of Section 85 of Act CCLII of 2013.
4 Enacted by Subsection (2) of Section 23 of Act LX of 1995, effective as of 29 August 1995.
5 Established by Subsection (18) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
6 Established by Subsection (1) of Section 24 of Act LX of 1995, effective as of 29 August 1995.
7 Established by Section 15 of Act CXXX of 2005, effective as of 1 January 2006. Applies to cases in progress as well.
8 Amended by Point 24 of Subsection (37) of Section 85 of Act CCLII of 2013.
9 Last sentence enacted by Section 98 of Act VIII of 1957, effective as of 1 March 1958.
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(2)1 No application for continuation will be accepted upon failure to meet the deadline for
submission of the petition for review past fifteen days from the last day of the deadline, or from the
last day of the missed time limit even if the party was unaware of having missed the deadline, or if
the obstacle was not eliminated in due time. This rule shall also apply upon failure to meet the
deadline specified in Subsection (4) of Section 285.
(3)2 Matrimonial proceedings may be suspended in the cases covered by Paragraphs c) and d) of
Subsection (1) of Section 137, and Paragraph a) of Subsection (1) of Section 137 in divorce cases
additionally.

Section 289

If either of the spouses dies before the final conclusion of the divorce action, the court shall
dismiss the action without adopting a decision as to the bearing of court costs, and shall abolish any
judgment that may already have been returned in the case.

Decisions of the Court

Section 290
(1)3 If the marriage is annulled or dissolved, the court shall decide - if deemed necessary -
concerning the maintenance of the couple_s minor child, the settlement of parental custody or the
third-party placement of the child, even in the absence of a claim filed to that effect.
(2)4 Where the dissolution of marriage is requested by the parties jointly under Subsections (2)
and (3) of Section 4:21 of the Civil Code, the court may not decide concerning the dissolution of
marriage before a settlement is reached in all issues defined therein, and until such settlement is
approved by way of a final court ruling. If the matrimonial action contains a request for injunction
from the bearing of name, it shall be decided simultaneously with the dissolution (annulment) of
marriage. Partial verdict is not allowed in neither of the above matters.
(3)5 In divorce actions the court shall take into consideration the interests of the parties_ minor
child when deliberating the approval of a settlement, or in returning a judgment.
(4)6 In divorce actions the court shall decide as to the bearing of court costs upon weighing all
applicable circumstances of the case, regardless of who the winning party is.
(5)7 The decision adopted by the court of the first instance relating to the annulment of marriage
shall be communicated to the public prosecutor even if he was not involved in arguing the case, in
which case the public prosecutor has the right to appeal the judgment.
(6)8 The part of the decision adopted by the court of the first instance that is not contested by an
appeal shall enter into effect after fifteen days following the last day of the time limit for appeal.
(7)9 The court of the first instance shall deliver the paper-based form containing demographic
data according to statistical regulations to the competent registrar when its decision in favor of the
plaintiff becomes final.
(8)10 The presiding judge acting in the first instance shall declare a decision for the dissolution or
annulment of a marriage partially enforceable before the documents of the case are forwarded to the
court of the second instance.

1 Second sentence enacted by Section 44 of Act IV of 1986. Amended by Subsection (4) of Section 29 of Act LX of 1995.
2 Established by Section 50 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
3 Established by Subsection (19) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Enacted by Section 45 of Act IV of 1986. First sentence established by Subsection (1) of Section 25 of Act LX of 1995.
Amended by Point 25 of Subsection (37) of Section 85 of Act CCLII of 2013.
5 Enacted by Subsection (2) of Section 25 of Act LX of 1995, effective as of 29 August 1995.
6 Established by Subsection (1) of Section 99 of Act VIII of 1957. Numbering modified by Section 45 of Act IV of 1986, and by
Subsection (2) of Section 25 of Act LX of 1995.
7 Established by Subsection (1) of Section 51 of Law-Decree No. 26 of 1972. Numbering modified by Section 45 of Act IV of
1986, and by Subsection (2) of Section 25 of Act LX of 1995.
8 Numbering modified by Subsection (2) of Section 25 of Act LX of 1995.
9 Established: by Section 83 of Act LXXVI of 2013. In force: as of 1. 07. 2013.
10 Enacted by Section 15 of Act CV of 2001, effective as of 1 January 2002.
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Retrial1

Section 291

(1) No retrial may be conducted against a judgment for the dissolution or annulment of a marriage
with respect to the dissolution or annulment.
(2)2

Action Relating to Property Rights Arising out of a Matrimonial Relationship

Section 292

(1) An action for the annulment or dissolution of marriage may be combined with an action
relating to property rights, or such claim relating to property rights may be enforced in matrimonial
proceedings by way of a counterclaim. The provisions of this Chapter shall not cover the
proceedings opened for such claims and counterclaims.
(2)3 If the court hears an action for the annulment or dissolution of marriage and an action relating
to a property claim separately, it shall render a judgment (partial verdict) separately as well. In these
cases, the proceedings may continue in connection with the property claim only after the judgment
is rendered with respect to the annulment or dissolution of marriage becomes final.
(3)4 If the parties lodged an appeal against a judgment adopted in the first instance covering
matrimonial proceedings and property claims alike, contesting solely the issue of property rights,
this shall have no effect as to the enforceability of the judgment pertaining to marriage, and,
accordingly, the appeal or the cross-appeal may not be subsequently extended to this issue, either.

CHAPTER XVI

Other Actions for the Establishment of Paternity and Origin

Application of the Rules of Matrimonial Proceedings

Section 293

(1)5 Other actions for the establishment of paternity and origin shall be governed by the
provisions of Chapter XV with the exception of Subsection (2) of Section 277, Section 285,
Subsection (2) of Section 288, Section 289, Subsections (2) and (5) of Section 290, and Section
291, subject to the exceptions set out in this Chapter.
(2)6 No motion for retrial may be submitted against any judgment to rebut the presumption of
paternity - in the part rebutting the presumption of paternity -, if paternity is assumed by any person
subject to the father_s full-fledged consent after the presumption of paternity has been rebutted, or
if paternity was established by final court decision;

1 Amended by Paragraph c) of Section 31 of Act LXVIII of 1992.

2 Repealed by Paragraph c) of Section 31 of Act LXVIII of 1992, effective as of 1 January 1993.
3 First sentence established by Subsection (1) of Section 100 of Act VIII of 1957, effective as of 1 March 1958.
4 Established by Subsection (2) of Section 100 of Act VIII of 1957, effective as of 1 March 1958.
5 Established by Section 46 of Act IV of 1986. Amended by Subsection (2) of Section 31 of Act LX of 1995.
6 Enacted by Section 101 of Act VIII of 1957. Former second sentence repealed by Paragraph c) of Section 31 of Act LXVIII of
1992. Amended by Paragraph i) of Subsection (38) of Section 85 of Act CCLII of 2013.
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(3)1 In an action opened to rebut the presumption of paternity the defendant may not be ordered to
cover the court costs, with the exception of any blood test and other medical (physiological)
examination required for establishing paternity; the court costs that cannot be charged to the
plaintiff shall be covered by the State.

Section 294

The mother may intervene on behalf of either of the parties.

Section 294/A2

Actions for the establishment of paternity and origin may also be opened before the court of
jurisdiction by reference to the minor child_s home address or habitual residence.

Filing for Action

Section 295
(1)-(2)3
(3)4 If a paternity suit or an action for the rebuttal of the presumption of paternity is to be brought
against the court-appointed guardian ad litem, a relative in direct line shall have the right to
intervene on behalf of either of the parties. The court shall notify the guardian authority concerning
the appointment of a guardian ad litem, and shall inform the relatives in direct line whose
whereabouts are known from the court records on the possibility of intervention.
(4)5 An action may be brought before the child is born, a judgment, however, can be rendered
only after the birth of the child.

Section 296

An action for the establishment of paternity may be combined - in front of the same court - with
an action for child support; furthermore, a claim for child support may be presented subsequently in
an action for establishing paternity pending before the court of the first instance.

Section 297

The mother shall be informed of the date scheduled for the hearing with a copy of the statement
of claim enclosed, even if she is not involved in the action, and shall be advised of the right of
intervention (Section 294).
Hearing and Taking of Evidence

Section 298

(1) If the defendant is able to assume paternity subject to full-fledged consent, in an action for the
establishment of paternity he shall be so advised during the first hearing and after the performance
of taking of evidence.
(2) If the father assumed paternity of a child, and if the interested parties whose consent is
required for the validity of such statement are present in the hearing, they shall be advised of their
right to grant such consent verbally during the hearing. The father_s statement of paternity shall be
recorded in a separate report together with the consent and signature of the interested parties.

1 Enacted by Section 42 of Act XXX of 2008, effective as of 19 June 2008. Applies to cases in progress as well.
2 Enacted: by Section 28 of Act LXII of 2012. In force: as of 29. 06. 2012.
3 Repealed by Paragraph b) of Subsection (39) of Section 85 of Act CCLII of 2013, effective as of 1 January 2014.
4 Established by Subsection (20) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
5 Established by Subsection (20) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(3) Together with the warning mentioned in Subsections (1) and (2), the father and other
interested parties shall also be informed as to the importance and consequences of the said
statement and consent, and this shall be indicated in the report as well.
(4) The interested parties who did not attend the hearing shall be advised to produce their
statement of consent within the prescribed time limit and in the prescribed form, or to state such
consent at the court for the records.
(5) If the father has assumed paternity, he shall be required to provide proof of the age difference
prescribed by law. The guardian authority1 shall ex officio be requested to provide the consent or
confirmation requisite of the guardian authority2.
(6) The father_s statement for assuming paternity shall be transferred, including the documents
obtained in accordance with the prior provisions, to the competent registrar, while the hearing shall
be suspended. If the father_s name is registered, the action shall be dismissed. If the father_s name
is not registered on the basis of his statement for assuming paternity and the deficiency cannot be
remedied, the court shall lift the suspension of the action and shall proceed to carry on the hearing.

Section 299

(1) If a party who was summoned to appear fails to appear in the hearing, or fails to provide a
statement when so requested by the court, the provisions of Section 185 shall be applied.
(2) The child_s mother, if she is not involved in the action as a party or as an intervener, shall be
heard as a witness; questioning the mother may be omitted only if she is lacking legal capacity, or if
any insurmountable obstacles exist.
(3)3 If the caretaker officer appointed for a plaintiff of minor age by the guardian authority4 fails
to appear in the hearing, the action may not be dismissed. In this case the court shall request the
guardian authority5 to take the measures necessary, or to appoint a new caretaker officer.

Section 3006

(1) If the court has ordered a blood test and other medical (physiological) examination required
for establishing paternity, either of the interested parties may be compelled to tolerate the conduct
of such tests and examinations. If the court has ordered the mother_s husband to submit to the said
examinations, or any witness who is alleged to have engaged in sexual intercourse with the mother
at the time of conception, this person shall have the legal status of a party as of the time of delivery
of the court_s ruling.
(2) If the interested party fails to appear at the designated expert (doctor) for the examination or
blood test, or refuses to cooperate in carrying out the examination or blood test, the sanctions
specified in Section 185 shall be applied, with the exception that such person may not be taken into
custody. The same provision applies regarding the legal representative of a minor child if he fails to
present the child for the examination or blood test, or if he refuses to allow the examination or
blood test to be carried out.
(3) If the blood test conducted with the purpose of supporting the establishment of paternity of a
person who has the legal status of a party under Subsection (1), the plaintiff may request this party
to join the action as a defendant, even if the court has no jurisdiction concerning the new defendant.
The court may, at the same time, release the original defendant, and shall order the plaintiff to bear
the related costs, subject to the exception set out in Subsection (2) of Section 80.

Section 301

Preliminary taking of evidence may be performed also if the conditions set out in Section 207 are
lacking.
1 See Section 173 of Government Decree 149/1997 (IX. 10.) Korm.
2 See Section 173 of Government Decree 149/1997 (IX. 10.) Korm.
3 Enacted by Section 102 of Act VIII of 1957. Amended by Points 18 and 26 of Subsection (37) of Section 85 of Act CCLII of
2013.
4 See Section 173 of Government Decree 149/1997 (IX. 10.) Korm.
5 See Section 173 of Government Decree 149/1997 (IX. 10.) Korm.
6 Established by Section 3 of Act CXXII of 1996, effective as of 1 January 1997. Applies to cases opened subsequently. See also
Constitutional Court Resolution No. 75/1995 (XII. 21.) AB.
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CHAPTER XVI/A1

Challenging the Presumption of Paternity in Non-contentious Proceedings2

Section 301/A3

(1) Unless otherwise provided for in this Chapter, the provisions on civil proceedings shall apply
mutatis mutandis to such proceedings, subject to the exceptions stemming from the special
characteristics of non-contentious civil actions.
(2) A petition for the rebuttal of the presumption of paternity may not be joined with other
petitions.
(3) Such cases may not be stayed.

Section 301/B4

(1) The action shall be heard by the court in whose jurisdiction the child_s home address, or
failing this, his habitual residence is located in Hungary. Furthermore, the action may also be heard
by the court in whose jurisdiction the mother_s home address, or failing this, her habitual residence
is located in Hungary.
(2) If the court of jurisdiction cannot be identified as under Subsection (1), the Budai Központi
Kerületi Bíróság (Buda Central District Court) shall have jurisdiction.

Section 301/C5

(1) The petition for the rebuttal of the presumption of paternity shall inter alia contain:
a) the acting court and the grounds for jurisdiction of the court;
b) the name and home address of the petitioners and the petitioners_ representatives, indicating
also the grounds for their entitlement to submit a petition;
c) if the child was born before the time of submission of the petition, the child_s name, home
address and date of birth, and the name and home address of the child_s legal representative, if
applicable;
d) the date of birth of the man who wishes to make a fully enforceable acknowledgement of
paternity to declare that he is the father of the child;
e) the date of the marriage underlying the existing presumption of paternity, and the date when the
spouses_ matrimonial relationship was terminated;
f) a plea for specific court decision.
(2) The petition shall have enclosed the child_s original or certified birth certificate, the marriage
certificate for the marriage underlying the existing presumption of paternity, and any and all
documents which are deemed necessary to verify the circumstances in support of the petition,
except if such data can be verified by means of personal identification document. If the marriage
underlying the presumption of paternity had already been terminated at the time the petition was
submitted, the document in proof of termination of the marriage shall be enclosed with the petition.
If the child was not born at the time the petition was submitted, a medical diagnosis shall be
enclosed with the petition in proof of the estimated date of birth.

Section 301/D6

1 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
5 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
6 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(1) The court shall hear the petitioners and all other persons whose consent is necessary for the
full effect of the acknowledgement of paternity jointly, in a single hearing.
(2) In the subpoena the court shall inform the parties concerned on the conditions provided for in
Section 301/E and on the legal effects.
(3) In the proceedings the court shall examine compliance with the requirements prescribed for
the rebuttal of presumption of paternity and for making the acknowledgement of paternity, and shall
establish the particulars which are necessary for the registration of changes in personal status.

Section 301/E1

(1) The court shall establish by way of a ruling that the child_s father is not the mother_s husband
or former husband if:
a) the scheduled hearing is attended by the petitioners and all persons whose consent is necessary
for the full enforceability of the acknowledgement of paternity, and
b) the conditions prescribed for the rebuttal of presumption of paternity and for making the fully
enforceable acknowledgement of paternity are satisfied.
(2) If either of the conditions specified in Subsection (1) is not satisfied, the court shall reject the
petition for the rebuttal of the presumption of paternity.
(3) If the court rejected the petition for the rebuttal of the presumption of paternity by final
decision, such binding decision shall not preclude the petitioners to re-submit their claims in
non-contentious proceedings upon any changes in the relevant circumstances. Moreover, the final
decision on the rejection of the petition shall not prevent the persons entitled to bring action to
enforce their claims in civil action in accordance with the Civil Code.

Section 301/F2

(1) The court shall record the acknowledgement of paternity and the statements of consent
necessary for the full effect thereof in a special report.
(2) The court_s decision for the rebuttal of the presumption of paternity may be contested
separately. If the court_s decision for the rebuttal of the presumption of paternity is not final, the
acknowledgement of paternity made in the process shall be deemed invalid.

Section 301/G3

The court of the first instance shall deliver the final decision for the rebuttal of the presumption of
paternity, and the statements made for full enforceability of the acknowledgement of paternity, to
the competent registrar.

Section 301/H4
The court shall decide as to covering the costs of the proceedings upon careful consideration of
the data at its disposal.

CHAPTER XVII

Termination of Parental Custody

Section 302

1 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Enacted by Subsection (21) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(1)1 Actions for the termination of parental custody shall be governed by the provisions of
Chapter XV with the exception of Subsection (2) of Section 277, Section 285, Subsection (2) of
Section 288 and Sections 289-291, subject to the following exceptions:
a) the parent may join either party, also as an intervener;
b)2 an action for the termination of parental custody may be combined - in front of the same court
- with an action for the termination of parental custody brought by the same parent for another
child, or with an action for the maintenance of the child, the settlement of parental custody or the
third-party placement of the child, or for the placement of the parent under guardianship or
conservatorship; other actions may not be combined with an action for the termination of parental
custody;
c) the parent shall be informed of having a date scheduled for the hearing with a copy of the
statement of claim enclosed, also if not involved in the action, and shall be advised of the right of
intervention.
(1a)3 Actions for the termination of parental custody rights may also be opened before the court
of jurisdiction by reference to the minor child_s home address or habitual residence.
(2)4 The court shall hear actions for the termination of parental custody in priority proceedings.
The hearing shall be set - if no other action is required - not later than on the eighth day from the
time when the statement of claim is delivered to the court.
(3)5 If the child is exposed to serious endangerment, on account of which parental custody must
be terminated urgently, the court may adopt such decision of its own motion on a temporary basis in
the action for the termination of parental custody.
(4)6 If an action for the reinstatement of parental custody is brought by a parent other than the one
whose right of custody has been terminated, this parent shall be entitled to intervene on behalf of
the plaintiff without special notification. Nevertheless, the court shall hear this person regardless of
whether or not he wishes to join the action as an intervener.

Section 303

Actions for the overturning of decisions for the termination of parental custody shall be governed
by the provisions of Section 302, with the exception that only the court that delivered the contested
decision shall have jurisdiction to hear such case.

CHAPTER XVIII7

Placement Under Guardianship or Conservatorship

Application of General Rules8

Section 3049

Actions for placement under guardianship or conservatorship shall be governed by the provisions
of Chapters I-XIV, subject to the exceptions set out in this Chapter.

1 Introductory passage established by Subsection (1) of Section 47 of Act IV of 1986. Amended by Subsection (2) of Section 31 of
Act LX of 1995.
2 Amended by Point 27 of Subsection (37) of Section 85 of Act CCLII of 2013.
3 Enacted: by Section 29 of Act LXII of 2012. In force: as of 29. 06. 2012.
4 Enacted by Subsection (2) of Section 47 of Act IV of 1986, effective as of 1 July 1987.
5 Enacted by Subsection (2) of Section 47 of Act IV of 1986, effective as of 1 July 1987.
6 Established by Subsection (22) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
7 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
8 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
9 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
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Jurisdiction 1

Section 3052

(1) As regards actions for placement under guardianship or conservatorship, the court of
jurisdiction by reference to the place where the social institution providing room and board or the
in-patient medical institution in which the defendant resides for any extended period of time shall
also have jurisdiction.
(2) If there is no Hungarian court considered to have jurisdiction for actions for placement under
guardianship or conservatorship neither under Section 29 nor under this Section, the Pesti Központi
Kerületi Bíróság (Pest Central District Court) shall handle such actions.

Legal Status and Representation of the Persons Involved in the Action3

Section 3064
(1) In actions for placement under guardianship or conservatorship the plaintiff with limited legal
capacity shall have complete competency in legal proceedings.
(2) In connection with such proceedings the party_s signature or initials on a power of attorney
provided to a relative referred to in Subsection (2) of Section 13 must be certified by a notary
public.

Filing for Action; Measures Based on the Statement of Claim5

Section 3076

(1) The statement of claim for placement under guardianship or conservatorship shall, in addition
to the data specified in Section 121, contain information to support the right for bringing the action,
and information on the defendant_s holdings in immovable property.
(1a)7 In the statement of claim the particulars relating to the respondent_s prior legal statement
shall be indicated, if the respondent is aware of the statement of claim. In an action for placement
under guardianship or conservatorship the court shall decide on the application of the prior legal
statement, even in the absence of a claim filed to that effect.
(2)8 The statement of claim shall have enclosed documents to verify the information furnished,
such as the title deeds for the defendant_s real estate properties, including those in which the
respondent has any right of tenancy, or on which any other right or fact is registered or recorded on
the respondent_s behalf. If the action was brought by the guardian authority, a psychiatric
evaluation of the defendant_s mental state and an assessment of the defendant_s living conditions
shall also be attached to the statement of claim, as well as the decision for the appointment of a
temporary administrator, or for sequestration where applicable.

Section 307/A9

(1) Section 127 shall not apply to actions for placement under guardianship or conservatorship.

1 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
2 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
3 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
4 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
5 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
6 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
7 Enacted by Subsection (23) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
8 First sentence established by Subsection (24) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
9 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
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(2) An action for placement under guardianship or conservatorship may be combined only with
another action for placement under guardianship or conservatorship or for the termination of
parental custody of the same person.

Section 3081

(1) In an action for placement under guardianship or conservatorship a guardian ad litem shall be
appointed for the defendant at the time when setting the date of the hearing.
(2)2 If the action was brought by the guardian authority and it ordered the defendant_s assets
sequestrated beforehand, or appointed a temporary administrator for the defendant, the court shall
examine within thirty days from the time of receipt of the statement of claim as to whether the
actions the guardian authority has taken should be maintained. In this context, preliminary taking of
evidence may be ordered also if the conditions set out in Section 207 are lacking, such as having the
psychiatric evaluation of the defendant_s mental state carried out by a forensic psychiatrist.
(3) If the preliminary taking of evidence is not concluded within thirty days, the court may extend
the effect of sequestration and/or the appointment of a temporary administrator by not more than
thirty days.
(4) Relying on the findings of the examination referred to in Subsection (2), the court shall sustain
the effect of sequestration and/or the appointment of a temporary administrator for the time required
to reach a final decision in the action, or shall reverse the guardian authority_s decision and
terminate the effect of sequestration and/or the appointment of a temporary administrator, and shall
forthwith notify the parties accordingly.

Section 308/A3

Where placement under guardianship or conservatorship appears necessary and justified with a
view to protecting the defendant_s interest, the sequestration and/or the appointment of a temporary
administrator under Sections 2:25 and 2:26 of the Civil Code may be ordered by the court as well
by means of provisional measure before the hearing, in accordance with Subsection (2) of Section
308 concerning the preliminary taking of evidence, and also if the hearing is postponed. The
provisional measure may be taken ex officio as well. The court shall deliver its ruling ordering
sequestration and/or the appointment of a temporary administrator to the guardian authority for
taking the measures necessary, such as the appointment of a temporary administrator.

Section 308/B4

The decision for sustaining or ordering sequestration and/or the appointment of a temporary
administrator may be contested separately, however, it may be declared provisionally enforceable
by the court.
Section 308/C5

The appointment of a temporary administrator shall not effect the defendant_s competency in
legal proceedings.

Hearing and Taking of Evidence6

Section 3097

1 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
2 Amended by Paragraph j) of Subsection (38) of Section 85 of Act CCLII of 2013.
3 Enacted by Section 2 of Act XV of 2001. Amended by Point 28 of Subsection (37) of Section 85 of Act CCLII of 2013.
4 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
5 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
6 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
7 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
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(1) In actions for placement under guardianship or conservatorship the court may declare the
hearing closed from the public at the plaintiff_s request if justified with a view to protecting the
defendant_s personal rights.
(2) The plaintiff may withdraw its action without the consent of the defendant at any time during
the proceedings. If the plaintiff has decided to withdraw his claim after the conclusion of the
proceedings of the first instance, but before the judgment becomes operative, the judgment shall be
abolished by the court of the first instance before the documents are forwarded due to an appeal, or
by the court of the second instance in other cases.
(3) In actions for placement under guardianship or conservatorship hearing the defendant may be
omitted only if his whereabouts are unknown or if any insurmountable obstacles exist. If the
defendant was summoned to appear, and failed to appear at the hearing, the court may issue a bench
warrant for taking such person into custody, however, no other means of coercion may be used.
(4) If the defendant fails to appear in the first or any subsequent hearing of actions for placement
under guardianship or conservatorship, the sanctions relating to omissions may not be applied.
(5) Such proceedings may be suspended in the cases covered by Paragraphs c) and d) of
Subsection (1) of Section 137.

Section 3101
(1)2 In actions for placement under guardianship or conservatorship the court may order the
taking of evidence of its own motion where deemed necessary. In actions for placement under
guardianship or conservatorship the court shall review the data of the register provided for in
specific other legislation; to this end no order for subsequent disclosure may be issued.
(2)3 The court shall appoint a forensic psychiatrist for the psychiatric evaluation of the
defendant_s mental state, and for determining the case under Section 13/A of Act XXXVI of 2013
on Election Procedures. Appointment of a forensic psychiatrist may be omitted only for the reasons
specified in Subsection (3) of Section 309. If the defendant has to be kept under observation in
connection with the forensic examination for any extended period of time, or if the defendant fails
to appear for the examination despite of receiving subsequent writs of summons, the court may
order the defendant to be confined in an appropriate in-patient medical institution for a period of not
more than thirty days. The related decision may be contested separately.
(3) In such proceedings a witness may not refuse to testify under Paragraph a) of Subsection (1)
of Section 170, and similarly, a doctor summoned as a witness may not refuse to testify under
Paragraph c) of Subsection (1) of Section 170.

Section 310/A4

If the defendant dies before the final conclusion of the action for placement under guardianship or
conservatorship, the court shall dismiss the action and shall abolish any judgment that may already
have been returned in the case.
Decision on Placement Under Guardianship or Conservatorship5

Section 3116

(1)7 The effect of placement under guardianship or conservatorship, or being deprived of the right
to stand as a candidate and/or to vote shall commence on the day following the operative date of the
judgment for placement under guardianship or conservatorship. The judgment applies to all parties
involved.
1 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
2 Established by Subsection (25) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Established by paragraph (2) Section 3 of Act CCI of 2011. Amended by Point 29 of Subsection (37) of Section 85 of Act
CCLII of 2013.
4 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
5 Enacted by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
6 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
7 Established: by paragraph (3) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
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(2) The court of the first instance shall communicate the final judgment ordering the placement of
the defendant under guardianship or conservatorship to the guardian authority for the appointment
of an administrator and for taking other measures that may become necessary.
(3)1 If the defendant owns any real estate property, including if the defendant has any right of
tenancy in a real estate property, or if any other right or fact is registered or recorded on the
defendant_s behalf, the court of the first instance shall of its own motion provide for having the
placement under guardianship or conservatorship registered in the real estate register, except if the
court upheld the defendant_s full legal competency with regard to disposition over the property.
(4)2 Placement under guardianship or conservatorship, and being deprived of the right to stand as
a candidate and/or to vote shall be registered in the court_s register of persons under guardianship.
(5)3 The court shall keep computerized records on the particulars of persons under
conservatorship, as provided for in the act on the register of persons under guardianship.
(6)4 In action for placement under guardianship or conservatorship the parties shall be entitled to
complete exemption from costs (Section 84) irrespective of their income and financial conditions.

Amendment and Termination of Placement under Guardianship or Conservatorship 5

Section 3126
(1)7 An action for the termination of placement under guardianship, for transfer from
conservatorship invoking partially limited legal competency into guardianship invoking fully
limited legal competency, or for the revision of the sphere of rights that cannot be exercised by a
person under conservatorship of partially limited competency, for disqualification from standing as
a candidate and/or from voting and for the termination of such disqualification shall be brought
against the person at whose claim the court ordered the placement under guardianship or
conservatorship, or against the person under guardianship or conservatorship if termination or
modification, or disqualification from standing as a candidate and/or from voting and the
termination of such disqualification is requested by this person. If the person at whose claim the
court ordered the placement under guardianship or conservatorship died, or his whereabouts are
unknown or resides abroad, the action shall be brought against the court-appointed guardian ad
litem.
(2)8 In connection with the statutory review of placement under guardianship or conservatorship,
the action brought by the guardian authority may cover, in addition to what is contained in
Subsection (1), the extension of placement under guardianship or conservatorship.
(3) The provisions of Sections 304-311 shall apply to the aforesaid proceedings. Persons under
guardianship or conservatorship shall have complete competency in legal proceedings.
(4)9 If the court decided to modify or terminate placement under guardianship or conservatorship,
or to order disqualification from standing as a candidate and/or from voting, or terminates such
disqualification, the defendant_s data in the register of persons under guardianship or
conservatorship shall be updated according to the judgment.
(5)10 In actions for the extension, modification or termination of placement under guardianship or
conservatorship, for disqualification from standing as a candidate and/or from voting and for
terminating such disqualification, and for the mandatory review of placement under guardianship or
conservatorship the parties shall be entitled to full exemption from costs (Section 84) irrespective of
their income and financial position.

1 Established by Subsection (26) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Established by Subsection (26) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Established by Subsection (26) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Enacted by Section 43 of Act XXX of 2008, effective as of 19 June 2008. Applies to cases in progress as well.
5 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
6 Established by Section 2 of Act XV of 2001, effective as of 1 November 2001. Applies to cases brought subsequently.
7 Established by Subsection (27) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
8 Established by Subsection (27) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
9 Established by paragraph (6) Section 3 of Act CCI of 2011. Amended by Point 30 of Subsection (37) of Section 85 of Act
CCLII of 2013.
10 Established: by paragraph (6) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
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Decision on the Application of a Prior Legal Statement1

Section 312/A2

(1) If in an action for placement under guardianship or conservatorship the court_s decision is for
placing the respondent under guardianship or conservatorship, and the application of the prior legal
statement is justified, the court shall so provide in the operative part of the decision.
(2) The court of the first instance shall enter into the register of prior legal statements the
particulars provided for in the act on the registration of prior legal statements of decisions ordering
the application of prior legal statements in part or in whole, and in other final resolutions affecting
the register of prior legal statements, including changes in those particulars, or shall remove them
from the register where deemed necessary.

CHAPTER XIX3

Duties of the Court in Connection with Order for Payment Procedures4

Duties of the Court Before the Opening of Order for Payment Procedures5

Section 3136

Overdue pecuniary claims may be recovered by way of order for payment procedures falling
within the competence of notaries public, as governed by specific other legislation.

Section 3147

(1)8 Any overdue claim of a pecuniary nature only, whose amount calculated according to
Sections 24 and 25 does not exceed one million forints may be recovered by way of an order for
payment procedure specified in Section 313 only, or by way of the means specified in Section 127,
or in an action based on the assessment of the Teljesítésigazolási Szakértői Szerv (Body of Experts
for the Certification of Compliance), provided that the defendant has a known home address or
habitual residence in Hungary, or a registered office or fixed establishment (hereinafter referred to
collectively as _address of summons"), and the pecuniary claim does not originate from an
employment relationship, public service and civil service relationship, State service relationship,
service legal relationship, quasi-employment relationship of cooperative members or from a
free-lance contractor legal relationship.
(2) If the plaintiff_s action pertains solely to a claim that can be enforced in accordance with
Subsection (1) by means of an order for payment procedure only, the court shall dismiss a claim
without issuing a writ of summons [Paragraph c) of Subsection (1) of Section 130] and shall inform
the plaintiff on the possibility of opening an order for payment procedure and the means available.

1 Enacted by Subsection (28) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Subsection (28) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010.
4 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010.
5 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010.
6 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
7 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
8 Established by Section 1 of Act LXIV of 2016, effective as of 1 July 2016.
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(3) The provisions set out in Subsection (1) shall not preclude the party from seeking satisfaction
for his claim pursuant to the procedure specified in Regulation (EC) No. 861/2007 of the European
Parliament and of the Council establishing a European Small Claims Procedure, or by way of
arbitral proceedings.

Action Ensuing the Order for Payment Procedure1

Section 3152

(1) If a statement of opposition is filed by the defendant, the order for payment procedure shall be
brought before the court in respect of the part contested by the statement of opposition.
(2) In addition to what is contained in Subsection (1), an order for payment procedure shall,
furthermore, be followed by an action:
a) if an application for the issue of the order for payment is refused by the notary public of his
own motion, and consequently the claimant moves to enforce his claim in court;
b) if the notary terminates the order for payment procedure by way of a ruling, and consequently
the claimant moves to enforce his claim in court.
(3) In the cases referred to in Subsection (2) the legal effects related to the submission of an
application for the issue of the order for payment shall remain applicable, including in the case
covered by Paragraph b) of Subsection (2), if the claimant moves within thirty days of the date on
which the ruling for refusal or termination becomes enforceable:
a) to submit a statement of claim to the court, or if mailed by registered post;
b)3
(4) No application for continuation will be accepted upon failure to meet the deadline referred to
in Subsection (3). The statement of claim shall have attached the ruling for refusal or termination of
the application.
(5) The submission of an application for the issue of an order for payment shall have the same
effect as lodging a statement of claim. The serving of an order for payment shall have the same
effect as serving a statement of claim (Section 128).
(6) The provisions contained in Subsections (1) and (2) of Section 314 shall not apply in the cases
covered in Subsection (2).

Section 3164

A notary public (or any assistant notary public acting in the name of the notary employing him)
who was previously involved in the case shall be excluded from the hearing of an action ensuing an
order for payment procedure, and neither such notary public nor their relatives and former spouses
referred to in Subsection (2) of Section 13 shall function in an action as a judge.
Section 3175

(1) In the actions defined in Subsection (1) of Section 315 and - if the conditions specified in
Subsection (3) of Section 315 are satisfied - in the actions defined in Subsection (2) of Section 315,
the fee charged for the order for payment procedure and the duplicate copy fee charged within the
framework of the party_s proceedings conducted prudently and in good faith (in this Section
hereinafter referred to collectively as _fee") shall comprise a part of the court costs.

1 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010.

2 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
3 Repealed: by subparagraph a) paragraph (1) Section 122 of Act CLXXXIII of 2010. No longer in force: as of 1. 03. 2011.
4 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
5 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
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(2) The final ruling adopted by the notary public for awarding cost exemption to the party applies
to the lawsuit as well, however, the court hearing the case shall have powers to abolish or reverse
the ruling. If the notary public awarded cost exemption to the party, this party shall be entitled to
complete or partial exemption from court costs in the case covered by Subsection (1) of Section
315.
(3)1 In connection with the cost exemption granted by the notary public, in the case described in
Subsection (1) of Section 315 providing for the payment and bearing of costs, the court shall order
the party to pay the fee yet unpaid stemming from the cost exemption to the Magyar Országos
Közjegyzői Kamara (Hungarian Association of Notaries Public) (hereinafter referred to as
_MOKK"). The court shall deliver this ruling to MOKK as well. If the party was granted exemption
from costs in the action, it shall not apply to payment of the fee.
(4) As regards the allowances available in connection with the fee the provisions of the Act on the
Order for Payment Procedure and the decrees adopted under authorization by that act shall apply,
and as regards additional benefits available in legal actions the relevant provisions of this Act and
the decrees adopted under authorization by this Act shall apply.

Section 3182

(1) The court shall dismiss the action referred to in Subsection (1) of Section 315 if the claimant
failed to satisfy his duty payment obligation, and
a) the obligation to present the relevant facts of a case and the evidence,
b)3
within fifteen days of receipt of the notary public_s notice.
(2) If the claimant indicated in his application for the issue of the order for payment a court other
than the court of competent jurisdiction if a lawsuit is filed subsequently, or the notary public did
not send the documents folder to the latter court for some other reason, the case shall be transferred
to the court of competent jurisdiction, except if the court, to which the documents folder had been
delivered, dismissed the case under Subsection (1).

Section 3194

(1)5 If the claimant met the obligations set out in Subsection (1) of Section 318, the court shall set
the date for hearing the case within fifteen days of receipt of the documents of the case - including
the documents folder received from the notary public -, or within thirty days if Part Five applies,
and shall summon the claimant as the plaintiff and the obligor as defendant to the hearing.
(2)6 The time limit for third-party notice shall be reckoned - with respect to the defendant - from
the preparatory document submitted based on the obligation of the plaintiff under Subsection (1) of
Section 318 is delivered to the defendant.

Section 3207

1 Established by Subsection (29) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
3 Repealed: by subparagraph b) paragraph (1) Section 122 of Act CLXXXIII of 2010. No longer in force: as of 1. 03. 2011.
4 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
5 Established: by Section 81 of Act CLXXX of 2011. In force: as of 15. 03. 2012.
6 Established by Subsection (2) of Section 18 of Act LXXI of 2015, effective as of 1 July 2015.
7 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
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(1)1 A hearing set on account of a statement of opposition shall be governed by the provisions on
first hearings set on the basis of statements of claim, whereas subsequent proceedings shall be
conducted according to the general provisions on proceedings in the first instance, or the provisions
of Part Six if applicable under Section 387. The provisions relating to first hearing sessions shall
apply subject to the exception that the time limit shall begin from the day of delivery of the
documents referred to in Subsection (1) of Section 318, made available by the claimant - or the date
of delivery of the documents folder if this occurs later - to the court.
(2) Where an action is lodged subsequently on account of a statement of opposition filed after the
delivery of the enforcement order or after the order for payment is served by a process server, the
court shall impose a financial penalty upon the defendant in its resolution passed in conclusion of
proceedings, or before, if the defendant has presented a statement of opposition in contradiction of
the principle of exercise of rights in good faith, or that is clearly unfounded, except if able to rebut
the presumption of service of the order for payment.

Section 3212

(1) In actions ensuing order for payment procedures the case may be dismissed under the cases
covered by Paragraphs a)-h) of Subsection (1) of Section 130, or in the case specified in Paragraph
a) of Subsection (2) of Section 315 - if the legal effects under Section 128 no longer apply, also in
the case referred to in Paragraph b) of Subsection (2) of Section 315 - the statement of claim may be
refused without issuing any writ of summons.
(2) In the application of Section 157/A a statement of opposition lodged against an order for
payment shall not be treated as defense presented in writing.

Section 321/A3

(1) In actions ensuing order for payment procedures the provisions of Chapter XXVIII shall apply
after 1 January 2016 with the derogations provided for in this Section.
(2)4 If a statement of opposition is entered by the obligor:
a) the rightholder having selected electronic communication, or his representative,
b) the rightholder, if an economic operator established in Hungary,
c) the rightholder, if represented by legal counsel, through the legal counsel
shall submit arguments and documentary evidence relating to the case, as well as all other pleadings
by way of electronic means only, in accordance with the provisions set out in Chapter XXVIII.
(3)5 If in an action ensuing order for payment procedure the rightholder maintains communication
electronically, and after a statement of opposition is entered the rightholder presents his arguments
and documentary evidence to the court relating to the case by means other than electronic means,
the court shall dismiss the action.

Section 3226
(1) A motion for retrial may be submitted against a final order for payment according to the
provisions of Chapter XIII. Retrial shall fall within the competence and jurisdiction of the court that
would have been vested with competence and jurisdiction in the first instance if a statement of
opposition had been filed.
(2) Paragraph d) of Subsection (1) of Section 260 shall apply if a motion for retrial had been
submitted against a final order for payment, where a motion for retrial may be submitted only if the
order for payment had been served to the defendant by public notification, contrary to the law. The
provisions of Subsection (4) of Section 260 shall apply in this case as well.

1 Amended: by subparagraph c) Section 16 of Act CXVII of 2012. In force: as of 24. 07. 2012.
2 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
3 Enacted by Section 4 of Act CLXXX of 2015, effective as of 4 December 2015.
4 Established by Section 1 of Act XL of 2016, effective as of 1 July 2016.
5 Amended by Paragraph a) of Section 14 of Act XL of 2016.
6 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
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Special Provisions for European Order for Payment Procedures1

Section 3232

(1) Where a European order for payment procedure under Regulation (EC) No. 1896/2006 of the
European Parliament and of the Council (hereinafter referred to in this Section as _Regulation") is
brought before the court the provisions of this Act shall apply, subject to the exceptions set out in
this Chapter.
(2) In the application of Section 314, any reference made to orders for payment shall also mean
European orders for payment.
(3) If the application is refused under Article 11 of the Regulation, the claimant shall have the
right to file for court action, in which case the provisions of Subsections (2)-(5) of Section 315 shall
be applied.
(4) If the European order for payment procedure is brought before the court upon the filing of a
statement of opposition, the court shall advise the plaintiff to pay the applicable court costs within
thirty days, and to present the relevant facts of the case along with any evidence he may have. The
court shall install a warning in the notice according to which in the event of non-compliance with
what is contained therein the court shall dismiss the lawsuit. If the plaintiff - in the capacity of the
claimant - names a witness in the application for the issue of a European order for payment in
accordance with Subsection (3) of Section 167, the court shall - furthermore - advise the plaintiff to
provide the court with the name and address of summons of the witness - including other personal
data if deemed necessary - by way of the means prescribed therein.
(5) Unless otherwise implied by the provisions of the Regulation, the relevant provisions of this
Act pertaining to admissibility as to retrial shall apply to the review mentioned in Article 20 (2) of
the Regulation.

CHAPTER XX3

Administrative Actions4

Application of General Rules5

Section 3246

(1) The provisions of Chapters I-XIV shall apply to actions for the review of administrative
decisions, subject to the exceptions set out in this Chapter.
(2)7 For the purposes of this Chapter _administrative decision_ shall mean:
a)8 any decision rendered by an administrative authority, as defined in the Act on the General
Rules of Administrative Proceedings (hereinafter referred to as _APA"), or by the head of such
authority in an administrative action, as well as any ruling for ordering enforcement in the event of
any breach of the obligation contained in the administrative agreement;

1 Enacted by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010.

2 Established by Subsection (3) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
3 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
4 Established by Section 7 of Act XXVI of 1991, effective as of 27 July 1991. The term _state administration" had been replaced
throughout this chapter by the term _administration" in accordance with Subsection (2) of Section 15 of the same act. This
change will not be indicated below in separate footnotes.
5 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Established by Section 7 of Act XXVI of 1991, effective as of 27 July 1991.
7 Established by Subsection (1) of Section 5 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
8 Amended by Sections 2-3 of Act LVI of 2009. Amended: by subparagraph d) Section 16 of Act CXVII of 2012. In force: as of
24. 07. 2012.
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b) the decisions adopted by local governments of communities as specified by law;

c) any decisions of bodies, organizations and persons not covered by Paragraph a), which,
however, are rendered by specific other legislation under the scope of this Chapter.
(3)1 For the purposes of this Chapter:
a) _administrative body_ shall mean any body, organization or person with entitlement to render
the administrative decisions referred to in Subsection (2);
b) _administrative proceedings_ shall mean the proceedings conducted before the administrative
body renders an administrative decision.
(4)2 Where so justified by the special complexity of the case, the court of the first instance may
decide before the beginning of the hearing to proceed in a panel of three professional judges. If the
court decided to proceed in a panel, a single judge may not subsequently take the case over.

Section 324/A3

The provisions contained in Chapters I-XIV shall apply to disputes arising out of the amendment
of administrative agreements or in connection with the breach of administrative agreements by the
authority, with the exception that such proceedings shall be governed by Section 325, Subsections
(2) and (3) of Section 326, Subsection (4) of Section 327, Section 329 and Subsection (2) of Section
336/B.
Section 324/B4

(1) Subject to the exception set out in Subsection (2), the cases may be suspended only once.
(2) The cases may not be suspended if the court:
a) is yet to decide the request for the suspension of enforcement presented in the claim, or
b) decided in favor of the request for the suspension of enforcement.

Exclusion of Judges 5

Section 3256

(1) The following persons are excluded from the conduct of an action, in addition to the cases
listed in Sections 13-15 and 21, and shall not participate in an action as judges:
a) any case officer who participated in passing the decision of the administrative body;
b) any relative or ex-spouse of the person specified in Paragraph a), as defined in Subsection (2)
of Section 13;
c)7 any former employee of the administrative body that rendered the decision, for a period of two
years following the time of termination of his employment;
d) any person who was heard in the administrative proceedings as a witness or an expert.
(2) The provisions of Subsection (1) shall apply mutatis mutandis to the exclusion of the taker of
the minutes as well.

Jurisdiction 8

1 Established by Subsection (1) of Section 5 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
2 Established by Subsection (1) of Section 5 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
3 Enacted by Subsection (2) of Section 5 of Act XVII of 2005. Amended by Sections 2-3 of Act LVI of 2009.
4 Enacted: by Section 117 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
5 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
7 Established by Section 8 of Act XXVI of 1991, effective as of 27 July 1991.
8 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
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Section 3261

(1) If no other court has exclusive jurisdiction, or unless otherwise provided for by law, court
jurisdiction shall be based on the seat of the administrative body of the first instance.
(2) If the jurisdiction of the administrative body of the first instance covers the territory of several
counties (including Budapest), court jurisdiction shall be based - with the exceptions set out in
Subsections (3) and (4) - on the plaintiff_s permanent residence in Hungary, or failing this his
habitual residence; in the case of legal persons and unincorporated business associations the court in
whose jurisdiction the company_s registered office is located shall have competence.
(3) If the administrative decision to be reviewed pertains to any right or obligation relating to an
immovable property, or a contract relating to an immovable property, the action shall be brought
before the court of jurisdiction by reference to the location of the immovable property in question.
(4) If the administrative decision to be reviewed relates to an announcement or authorization, or it
pertains to any related activity, the court of jurisdiction by reference to the place where the activity
is exercised, or planned to be exrecised shall have competence.
(5) If the jurisdiction of the administrative body of the first instance covers the territory of several
counties (including Budapest), however, the plaintiff has no permanent residence or habitual
residence or registered office in Hungary, and the court of jurisdiction cannot be identified
according to Subsections (3) and (4), the action shall be brought before the court of jurisdiction by
reference to the location of the seat of the administrative body of the first instance.
(6)2 In actions for the review of administrative decisions relating to the entry into and residing in
the territory of Hungary, jurisdiction shall be based upon the seat of the administrative body of the
first instance. If jurisdiction cannot be delegated based on the seat of the competent administrative
body, the Fővárosi Közigazgatási és Munkaügyi Bíróság (Budapest Court of Public Administration
and Labor) shall have exclusive jurisdiction to hear such cases.
(7)3 If the jurisdiction of the administrative body of the first instance covers the entire territory of
Hungary, the Fővárosi Közigazgatási és Munkaügyi Bíróság shall have exclusive jurisdiction, save
where Subsections (12)-(14) apply.
(8) Where actions are brought before several courts for the review of the same administrative
decision, to court to which the statement of claim was first delivered shall have jurisdiction. The
administrative body shall notify the court in its statement made according to Subsection (2) of
Section 330 in connection with a statement of claim that was forwarded subsequently, that another
statement of claim has already been submitted against the given decision, and that it was delivered
to the other court of competence indicated therein. The court to which the administrative body has
forwarded a statement of claim subsequently, shall proceed according to Section 129.
(9)4
(10)5 In the event of any conflict of competence or jurisdiction arising in connection with final
decisions rendered in administrative actions, furthermore, when the competent court cannot be
identified or if disqualified, the acting court shall be delegated by the Curia.
(11) In the application of this Chapter:
a) an administrative body that is seated in Budapest, whose jurisdiction is limited to the territory
of Pest County, or a section of Pest County, and
b) any plaintiff established in Budapest, whose operations are limited to the territory of Pest
County,
shall be treated from the perspective of court jurisdiction as if having its main offices in Pest
County.

1 Established by Section 1 of Act XXV of 2007, effective as of 20 April 2007. See also Subsection (6) of Section 12 of the same
act.
2 Amended: by subparagraph s) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph b)
Section 4 of Act CCI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph h) paragraph (14) Section 1 of Act CCXI
of 2012. In force: as of 1. 01. 2013.
3 Established by Subsection (1) of Section 199 of Act CXLIII of 2015, effective as of 1 November 2015.
4 Repealed: by paragraph (16) Section 1 of Act CCXI of 2012. No longer in force: as of 1. 01. 2013.
5 Established: by paragraph (6) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
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(12)1 As regards the delegation of jurisdiction, the provisions of Subsections (2) and (5) shall
apply to review procedures opened according to the followings legislation:
a) Act on Mediation;
b) Act on the Activities of Forensic Experts;
c) Act on the Acceleration and Simplification of the Implementation of Investment Projects of
Special Import for National Economy Considerations;
d) Act on Notaries Public;
e) Act on Public Finances;
f) Act on Regional Development and Spatial Planning;
g) Act on the National Spatial Strategy;
h)2 Act on the Freedom of Association, on Public-Benefit Status, and on the Activities of and
Support for Civil Society Organizations;
i) Act on Price Control Regulations;
j) Act on Job Assistance and Unemployment Benefits;
k)3
l)4 Act on the Use of the Coat of Arms and Flag of Hungary, and on State Honors and
Decorations;
m) Act on Travel Abroad;
n)5 Act on the Supply of School Books in the National Public Education System;
o) Act on Ethnic Hungarians living in the Neighboring States;
p) Act on Judicial Enforcement.
q)6 Act on Road Transportation;
r)7
s)8 Act on the Procedures Relating to Assistance for Agricultural, Rural and Regional
Development and in the Fisheries Sector and Other Measures.
(13)9 Review procedures opened under the Act on Asylum and the government decree
implementing it shall be heard - except as provided in Subsection (14) - by the administrative and
labor court of competence according to the location of the court of appeal of jurisdiction by
reference to the plaintiff_s permanent residence in Hungary or failing this, his habitual residence, or
in the absence of these, his place of accommodation shown in the register and records of refugees,
or the Fővárosi Közigazgatási és Munkaügyi Bíróság in the case of the Fővárosi Ítélőtábla. If -
except as provided in Subsection (14) - the plaintiff has no permanent residence or habitual
residence, or place of accommodation in Hungary, the administrative and labor court of competence
according to the location of the court of appeal of jurisdiction by reference to the plaintiff_s last
known permanent residence or last known habitual residence, or in the absence of these, his last
known place of accommodation in Hungary, shown in the register and records of refugees, or in the
case of the Fővárosi Ítélőtábla the Fővárosi Közigazgatási és Munkaügyi Bíróság shall have
jurisdiction.
(14)10 The judicial review of any asylum decision adopted at the border in accordance with the
Act on Asylum on inadmissibility:
a) the Szegedi Közigazgatási és Munkaügyi Bíróság (Szeged Administrative and Labor Court)
shall have jurisdiction with the exceptions set out in Paragraphs b) and c),
b) as regards applications submitted in the towns located in the area of jurisdiction of the Barcsi
Járásbíróság (Barcs District Court) and in the territory of the County of Baranya, the Pécsi
Közigazgatási és Munkaügyi Bíróság (Pécs Administrative and Labor Court) shall have
jurisdiction,

1 Enacted by Subsection (5) of Section 62 of Act L of 2009, effective as of 30 June 2009. See Subsection (6) of Section 61 of Act
L of 2009.
2 Established: by Section 77 of Act CLXXV of 2011. In force: as of 22. 12. 2011.
3 Repealed by Section 2 of Act CXXXIV of 2016, effective as of 13 December 2016.
4 Established: by paragraph (1) Section 28 of Act CCII of 2011. In force: as of 1. 01. 2012.
5 Amended by Subsection (1) of Section 8 of Act CCXXXII of 2013.
6 Enacted: by Section 118 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
7 Repealed by Paragraph a) of Subsection (1) of Section 200 of Act CXLIII of 2015, effective as of 1 November 2015.
8 Enacted: by Section 118 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
9 Established by Subsection (1) of Section 1 of Act CXL of 2015, effective as of 15 September 2015.
10 Established by Section 1 of Act CXLVI of 2015, effective as of 8 October 2015.
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c) as regards applications submitted in the territory of the County of Zala and the County of
Somogy - excluding the towns located in the area of jurisdiction of the Barcsi Járásbíróság - the
Zalaegerszegi Közigazgatási és Munkaügyi Bíróság (Zalaegerszeg Administrative and Labor
Court) shall have jurisdiction.
(14)1 In administrative actions filed under the Act on Public Procurement the following shall have
exclusive jurisdiction:
a) the Kecskeméti Közigazgatási és Munkaügyi Bíróság (Kecskemét Court of Public
Administration and Labor), if the contracting entity is seated in the counties of Bács-Kiskun, Békés,
Borsod-Abaúj-Zemplén, Csongrád, Hajdú-Bihar, Heves, Jász-Nagykun-Szolnok, Nógrád or
Szabolcs-Szatmár-Bereg; and/or
b) the Székesfehérvári Közigazgatási és Munkaügyi Bíróság (Székesfehérvár Court of Public
Administration and Labor), if the contracting entity is seated in Budapest or in the counties of
Baranya, Fejér, Győr-Moson-Sopron, Komárom-Esztergom, Pest, Somogy, Tolna, Vas, Veszprém
or Zala.
(15)2 In administrative actions brought under the Act on Procurements Involving Defense and
Security Aspects the Fővárosi Közigazgatási és Munkaügyi Bíróság shall have exclusive
jurisdiction.

Parties3

Section 3274

(1)5 Administrative actions may be brought by:

a) the client;
b) any other party to the proceeding concerning provisions expressly pertaining to him.
(2)6 The action shall be brought against the administrative body that has adopted the decision to
be reviewed.
(3) If the party brought the action against the administrative body of the first instance, rather than
against the body that has rendered the decision contested acting in the second instance, the
administrative body of the second instance may be joined in the case.
(4)7 Any person who is able to accrue rights and obligations under administrative law is
considered to have the capacity to be a party in legal proceedings, as well as any administrative
body that is otherwise lacking legal capacity.

Section 327/A8

(1)9 The public prosecutor may request the judicial review of an administrative decision if the
decision is not revised to conformity with the relevant legislation within the time limit prescribed by
the prosecutor in the intervention filed under the Act on the Prosecution Service (hereinafter
referred to as _prosecutor_s intervention").
(2) In proceedings opened under Subsection (1), Paragraph b) of Section 332/A may not be
applied.

Section 32810

1 Enacted by Subsection (2) of Section 199 of Act CXLIII of 2015, effective as of 1 November 2015.
2 Enacted by Section 175 of Act XXX of 2016, effective as of 1 August 2016.
3 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
4 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
5 Established by Subsection (1) of Section 1 of Act LVI of 2009, effective as of 1 October 2009. Applies to proceedings opened
subsequently and to reopened cases.
6 Established by Subsection (3) of Section 199 of Act CXLIII of 2015, effective as of 1 November 2015.
7 Established by Subsection (2) of Section 7 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
8 Enacted by Subsection (3) of Section 7 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
9 Established: by paragraph (1) Section 1 of Act CLXXIV of 2011. In force: as of 1. 01. 2012.
10 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
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(1) If the administrative body that adopted the decision no longer exists, or the case is transferred
to another administrative body in the meantime, the administrative body that is considered to have
competence according to the new provision to render the administrative decision in question may be
joined as the defendant.
(2)1 If the administrative body to be joined cannot be identified, the party may lodge a request
therefor - before the time of bringing action - at any court of public administration and labor
(Section 94). The statement of claim shall be enclosed with the request. If the party did not submit
the request at the competent court, the court where the request was submitted shall forward the
request, together with the statement of claim, to the court of competent jurisdiction.
(3) The court shall request the supervisory organ to delegate competence upon a specific
administrative body for passing the decision. If there is no such administrative body, the
supervisory organ shall designate the administrative body that may be joined as the defendant.

Representation2

Section 3293

(1)4 An officer of the defendant administrative body shall produce, without special authorization,
a certificate of employment to verify his right of representation. The defendant administrative body
may grant power of attorney for legal representation to the administrative body acting in the first
instance.
(2)5 Subsection (1) shall also apply if the action is brought against the head of the administrative
body.

Filing for Action6

Section 3307

(1)8 The statement of claim - in addition to what is contained in Section 121, with the exception
of Paragraph f) of Subsection (1) of Section 121 - shall indicate:
a) the number of the administrative decision to be reviewed;
b) the time of gaining knowledge of the decision; and
c) an indication if the power of attorney the legal counsel has presented in the administrative
proceedings covers the handling of the case as well.
(2)9 The statement of claim shall be submitted - alleging infringement - to the body having
rendered the administrative decision in the first instance within thirty days from the time of
publication of the decision to be reviewed, or shall be sent by registered mail. The administrative
body of the first instance shall forward the statement of claim together with the documents of the
case to the body having rendered the administrative decision in the second instance within five
days, which shall forward them - together with its assessment of the statement of claim - to the
court within fifteen days. If the statement of claim contains an appeal for the suspension of
enforcement, the administrative body of the first instance shall forward the statement of claim and
the documents of the case to the administrative body of the second instance within three days, that
shall forward it to the court within eight days.

1 Established by Section 8 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
Amended: by subparagraph u) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph j)
paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
2 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
3 Established by Section 28 of Act LXXII of 1997, effective as of 1 January 1999.
4 Numbering modified by Section 9 of Act XVII of 2005.
5 Enacted by Section 9 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
6 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
7 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
8 Established by Section 10 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
9 Established by Section 10 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
Amended: by Section 5 of Act CLXXIV of 2011. In force: as of 1. 02. 2012.
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(3)1 If the action is to be brought against the administrative body acting in the first instance, of the
provisions of Subsection (2) pertaining to the body of the second instance shall apply.
(4)2 If, according to the APA, the administrative agreement is recognized - due to any breach on
the client_s part - as an official decision, the deadline for submission of the statement of claim shall
start on the day of receipt of the ruling ordering the enforcement of this decision.
(5)3 If the party failed to meet the deadline prescribed for submission of the statement of claim, he
is allowed to submit an application for continuation (Sections 106-110). The administrative body
may not refuse any statement of claim that is filed in delay, rather, it shall forward it to the court
even if the party did not submit an application for continuation with justification.
(6)4 If the plaintiff_s statement of claim fails to comply with the requirements set out in Section
121, or if Section 130 shall apply for any other reasons, the defendant is required to indicate only
this fact in his statement forwarded together with the documents of the case. In these cases the
defendant is considered liable to respond to the claim only if the deficiencies found in the statement
of claim had been remedied, or if the court notifies the defendant in accordance with Section 332 as
to preparations for the hearing.

Section 3315

(1)6 If the party submitted the statement of claim - in spite of the relevant legislation - to the
court, the court shall forward it without examination (Section 124) to the administrative body of the
first instance without delay. Subsection (2) of Section 330 shall apply in this case as well, on
condition that the statement of claim shall be considered to have been submitted in due time, if it
was dispatched by registered mail or submitted to the court within thirty days from the time of
delivery of the administrative decision to be reviewed.
(2)7 If the party is able to verify that he had submitted the statement of claim in accordance with
Section 330 to the body having adopted the decision in the first instance, however, the statement of
claim and the documents of the case did not arrive to the court inside the time limit prescribed for
submission and forwarding, the statement of claim shall be considered to have been submitted in
due time. In this case the court shall communicate to the defendant the original statement of claim
submitted together with the applciation for continuation according to the general rules, and shall
move to obtain the documents and the defendant_s statement and, furthermore, shall impose a
financial penalty (Section 120) upon the administrative body in default.

Measures Based on the Statement of Claim8

Section 3329

(1) The presiding judge shall, within the framework of Section 124:
a)-b)10
c) communicate, in writing, the administrative body_s statement to the plaintiff;
d)11 at the defendant_s request, order the contested environmental fine to be placed into a court
deposit.
(2)12 If the administrative body has adopted the decision to be reviewed upon intervention by the
prosecution, the court shall inform the public prosecutor affected concerning the action.

1 Established by Section 10 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
2 Enacted by Section 10 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
3 Numbering modified by Section 10 of Act XVII of 2005.
4 Enacted by Subsection (1) of Section 46 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
5 Established by Section 11 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
6 Numbering modified by Subsection (2) of Section 46 of Act XXX of 2008.
7 Enacted by Subsection (2) of Section 46 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases in progress as
well.
8 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
9 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
10 Repealed by Paragraph a) of Subsection (2) of Section 19 of Act XVII of 2005, effective as of 1 November 2005.
11 Enacted by Paragraph a) of Subsection (2) of Section 110 of Act LIII of 1995, effective as of 19 December 1995.
12 Amended: by Section 4 of Act CLXXIV of 2011. In force: as of 1. 01. 2012.
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(2a)1 The petition for review shall have no suspensory effect as regards enforcement of the
decision; however, the claimant may appeal in the petition that enforcement be suspended. In the
appeal the claimant shall show compliance with the requirement set out in the last sentence of
Subsection (3), and shall attach to the petition any evidence in support thereof. In the event of
failure to meet this obligation the court shall dismiss the request for the suspension of enforcement
without issuing a request for remedying deficiencies. Enforcement may not be carried out from the
time the body carrying out the enforcement procedure gains knowledge of the request until it is
resolved, at the latest before the deadline for adopting a resolution, except if the authority declared
the decision enforceable irrespective of the petition submitted for having the enforcement procedure
suspended.
(2b)2 When enforcement is suspended it shall also apply to the exercise of rights conferred in the
decision.
(2c)3 Enforcement may not be suspended if:
a) the decision confers an obligation relating to civil defense services;
b) the decision is for the execution of a final court decision;
c) the decision confers an obligation relating to supplying economic or material services as part of
military obligations;
d) the decision pertains to the building authority_s proceedings for the authorization of structures
and buildings to be constructed for defense and military purposes, or to the designation of the
operating and protection areas of such;
e) the statutory conditions prescribed for suspension are not satisfied, or if suspension is
precluded by the relevant legislation.
(3)4 If the statement of claim contains a request for suspension of the enforcement of the
administrative decision to which it pertains, the court shall adopt a decision thereof within eight
days of receipt of the relevant documents. Henceforward, the court may order the suspension of the
enforcement of the administrative decision - before setting the date of the hearing - at any time upon
request. In the event of adopting a ruling for the suspension of the enforcement the court shall
forthwith notify the body of enforcement thereof. In adopting a ruling for the suspension of
enforcement the court shall take into consideration as to whether the original state can be restored
following enforcement, or whether the damage caused by the lack of enforcement outweighs the
loss the suspension of enforcement is likely to entail.
(4)5 The ruling ordering the suspension of enforcement may be contested separately. If a party
whose request for the suspension of enforcement has been refused, submits another request for
suspension of enforcement under the same cause of action and legal basis, the ruling on refusal of
the request for suspension of enforcement may not be appealed separately. The court_s ruling
ordering the suspension of enforcement may be executed irrespective of any appeal.
(5)6 If an adverse party was involved in the administrative proceedings as a client, the court shall
notify this client on the possibility of intervention.
(6)7 Where an administrative decision is adopted relying on the assessment of a special authority,
the defendant may join this special authority in the case, and such joinder may not be declined.
Section 332/A8

The court shall dismiss the statement of claim in the application of Section 130, in particular if:
a) the plaintiff requests the judicial review of an administrative decision, where judicial review is
precluded by the relevant legislation;
b) the plaintiff files for action for the review of an administrative decision before the rights for
remedy had been exhausted by either party in the administrative proceedings.

1 Established by Section 1 of Act CLXXXVI of 2015, effective as of 1 January 2016.

2 Enacted: by paragraph (1) Section 2 of Act CLXXIV of 2011. In force: as of 1. 02. 2012.
3 Enacted: by paragraph (1) Section 2 of Act CLXXIV of 2011. In force: as of 1. 02. 2012.
4 Established: by paragraph (2) Section 2 of Act CLXXIV of 2011. In force: as of 1. 02. 2012.
5 Established: by Section 119 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
6 Established by Subsection (4) of Section 199 of Act CXLIII of 2015, effective as of 1 November 2015.
7 Enacted by Subsection (1) of Section 12 of Act XVII of 2005. Amended by Section 2 of Act LVI of 2009.
8 Enacted by Subsection (2) of Section 12 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
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Section 332/B1

If preliminary taking of evidence is not performed, the court shall set the date of the hearing so as
to allow the first session to take place within sixty days from the date of delivery of the relevant
documents to the court. If the court_s action is required to render the statement of claim suitable for
having the time of the hearing announced (Section 124), the time limit for setting the date of the
hearing shall begin on this date.

Section 332/C2

In administrative actions the effects of bringing proceedings in courts shall materialize on the date
on which the court_s actions taken according to Section 332 are communicated to the defendant.

Priority Proceedings3

Section 3334
(1)5 In administrative actions brought by minors, and in actions for the review of decisions
adopted by the guardian authority of local jurisdiction, where the guardian authority, with a view to
protecting the child_s interest:6
a) places the child at the separated other parent, at another relative or any other qualified person,
or at foster parents - or failing these -, in a children_s home or other similar institution providing
room and board;
b) establishes the recovery of parental custody rights;
c) decides concerning the termination or revision of placement applied by another body on a
temporary basis;
d)7 takes the child into custody and appoints a guardian (professional guardian) at the same time;
e)8
f)9 decides concerning the visitation rights of a child placed under foster care;
g)10 decides concerning the termination of custody;
the court shall hear such cases in priority proceedings according to Subsections (3)-(5).
(2)11 In the cases referred to in Subsection (1), the court shall hear the cases brought by the
guardian authority in priority proceedings, including where priority proceedings are prescribed by
specific other legislation, according to Subsections (3)-(5).
(3)12 The court shall review the statement of claim without delay and shall set the date of the
hearing within eight days. If the actions described in Section 124 and in Section 332 are not
required, the court shall set the date of the first hearing within a period of thirty days from the date
of receipt of the statement of claim.

1 Enacted by Subsection (2) of Section 12 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
2 Enacted by Subsection (2) of Section 12 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
3 Established by Section 4 of Act LXV of 2004, effective as of 15 July 2004. As regards application see Subsection (1) of Section
17 of the same act.
4 Established by Section 4 of Act LXV of 2004, effective as of 15 July 2004. As regards application see Subsection (1) of Section
17 of the same act.
5 Established by Section 13 of Act XVII of 2005. Amended by Paragraph a) of Section 77 of Act CIX of 2006.
6 Amended: by subparagraph a) Section 8 of Act XCIII of 2012. In force: as of 1. 01. 2013. The change does not effect the
English version.
7 Amended by Paragraph k) of Subsection (38) of Section 85 of Act CCLII of 2013.
8 Repealed by Paragraph c) of Subsection (39) of Section 85 of Act CCLII of 2013, effective as of 1 January 2014.
9 Amended by Point 31 of Subsection (37) of Section 85 of Act CCLII of 2013.
10 Amended by Paragraph l) of Subsection (38) of Section 85 of Act CCLII of 2013.
11 Enacted by Section 13 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
12 Numbering modified by Section 13 of Act XVII of 2005.
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(4)1 The court shall decide on the merits within thirty days for reviewing the decision, if the court
has no jurisdiction to reverse the decision that has been contested. Such time limits shall not include
any period of time allowed for the correction of deficiencies.
(5)2 The court_s decision shall be drawn up in writing within eight days following the time when
it was adopted, and shall be delivered to the parties by service of process within another eight days.

Section 3343

Omissions4

Section 3355

In administrative actions court orders may not be issued.

Change of Action6

Section 335/A7

(1) The plaintiff shall be allowed to make changes in his claim on or before the first hearing
[Subsection (1) of Section 141]. However, the claim may be extended to cover any part of the
administrative decision uncontested by the statement of claim - if it can be clearly separated from
other parts of the decision - within the time limit prescribed for bringing action.
(2) The provision contained in Subsection (1) shall not preclude the party to increase or reduce his
claim, or to extend the claim to ancillary costs not originally demanded, and/or to any installment of
any claim or ancillary costs falling due during the action.

Consolidation of Actions8

Section 335/B9

(1) In administrative proceedings, actions brought before courts of the same competent
jurisdiction may be joined as well. Where consolidation has been ordered by several courts of the
same competent jurisdiction, the one that first decided as to consolidation shall proceed to hear the
case.
(2)10
Counterclaim11

Section 33612

1 Numbering modified by Section 13 of Act XVII of 2005.

2 Numbering modified by Section 13 of Act XVII of 2005.
3 Annulled by Constitutional Court Resolution No. 26/1990 (XI. 8.) AB, as corrected by Constitutional Court Resolution No.
29/1990 (XI. 27.) AB, effective as of 8 November 1990.
4 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
5 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Enacted by Section 14 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
7 Enacted by Section 14 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
8 Enacted by Section 2 of Act XXV of 2007, effective as of 20 April 2007.
9 Established by Subsection (3) of Section 30 of Act CLXIII of 2009, effective as of 1 April 2010.
10 Repealed by Paragraph b) of Subsection (1) of Section 200 of Act CXLIII of 2015, effective as of 1 November 2015.
11 Enacted by Section 60 of Law-Decree No. 26 of 1972. Amended by Subsection (1) of Section 31 of Act LX of 1995.
12 Established by Subsection (2) of Section 27 of Act LX of 1995, effective as of 29 August 1995. Applies to cases in progress
where no decision had been adopted in the first instance by that time.
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In actions counterclaims are not admissible.

Taking of Evidence 1

Section 336/A2

(1) The court may of its own motion order the taking of evidence:
a) in the case of noticing the nullity of an administrative decision, in respect of evidence intended
to support such nullity;
b) if non-performance of the taking of evidence violates the interest of a minor; or
c) if expressly permitted by law.
(2) In the case of administrative proceedings opened ex officio, or if the administrative body did
not satisfy its obligation to ascertain the relevant facts of the case, the administrative body shall
produce evidence to verify the authenticity of the facts on which its decision (special authority_s
assessment) is based, if it is disputed by the plaintiff.

Section 336/B3
(1)4 The administrative body shall not be required to advance the costs for the performance of
taking of evidence, instead, the relevant provisions relating to the right for the suspension of
payment of specific costs shall apply.
(2) Any person who is subject to the grounds for disqualification under Paragraph a), b) or c) of
Subsection (1) of Section 325 may not serve as an expert in administrative actions.

Prosecutor_s Intervention and Supervisory Measures 5

Section 3376

(1)7 If the court finds out that the public prosecutor intervened against the administrative body_s
decision requested to be reviewed, or the superior administrative body took measures for the review
of the said decision by way of supervisory means, the hearing shall be adjourned until the
intervention is decided, or until the new decision ordered by way of supervisory action is adopted,
in any case for a period of not more than thirty days. After the thirty-day period the hearing shall be
continued regardless of whether the administrative body has adopted a decision on the merits or not.
(2)8 If the prosecutor_s intervention or the supervisory action, or the new administrative decision
adopted after the original decision was withdrawn or amended ex officio or upon request satisfies
the requirements stated in the claim, the court shall dismiss the case and shall order the
administrative body to pay the court costs.
(3)9 If the new administrative decision adopted upon the prosecutor_s intervention or the
supervisory action meets only a part of the requirements stated in the claim, the court shall dismiss
the action in respect of this part only, and shall carry on the hearing with respect to the claims
which are not addressed in the new administrative decision, or the related decisions are not
acceptable. The plaintiff shall have the right to modify his claim consistent with the new
administrative decision. The court shall provide for the payment of costs charged to the
administrative body in connection with the partial dismissal of the action in its resolution passed in
conclusion of proceedings.

1 Enacted by Section 15 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
2 Enacted by Section 15 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
3 Enacted by Section 15 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
4 Amended by Subsection (5) of Section 19 of Act XVII of 2005 as amended by Section 53 of Act CXXXV of 2005.
5 Established: by paragraph (2) Section 1 of Act CLXXIV of 2011. In force: as of 1. 01. 2012.
6 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
7 Amended: by Section 4 of Act CLXXIV of 2011. In force: as of 1. 01. 2012.
8 Amended: by Section 4 of Act CLXXIV of 2011. In force: as of 1. 01. 2012.
9 Amended: by Section 4 of Act CLXXIV of 2011. In force: as of 1. 01. 2012.
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(4)1

Assessment of the Case Without Formal Hearing2

Section 3383

(1)4 The court shall adjudge the case in chambers, however, a hearing shall be held if so requested
by either of the parties.
(2)5 A request for hearing shall be made by the party - not including Paragraph b) of Subsection
(8) - in the statement of claim, or by the administrative body in its statement concerning the
contents of the statement of claim. No application for continuation will be accepted upon failure to
these conditions.
(3)6 The court shall advise the adverse party involved in the administrative proceedings of his
right to request a hearing in writing within thirty days of receipt of the notice dispatched according
to Subsection (5) of Section 332. A request for a hearing shall be construed as a notice of
intervention. A request for a hearing shall be construed as a notice of intervention.
(4)7 The court decide the adjudge the case in a hearing.
(5)8 An action may not be decided without a formal hearing if taking of evidence has to be
performed, other than the taking of documentary evidence. If the necessity of evidence taking arises
in the process of handling the case without a formal hearing, the court shall conduct a hearing for
deciding the case.
(6)9 The provisions of Section 332/B shall apply as to the time limits for deciding a case without a
formal hearing.
(7)10 The parties need not be notified of the time of rendering a decision concerning the case
without a formal hearing, and no minutes shall be taken on the proceedings. Decisions rendered
without a formal hearing shall be subject to the provisions of Section 339.
(8)11 An action may not be decided without a formal hearing:
a) if the provisions contained in Sections 333 and 337 are applied;
b) if the plaintiff made a request in writing for a hearing within eight days of receipt of the
defendant_s counter-plea; and
c) if the court has already set a date for a hearing.

Decisions12

Section 33913

(1)14 Unless otherwise provided for by the relevant legislation, the court shall abolish any
administrative decision it finds unlawful - with the exception of any violation of a procedural rule
that does not effect the merits of the case - and, if necessary, shall order the body having adopted
the administrative decision in question to reopen the case.
(2)15 The court shall have powers to reverse the following administrative decisions within the
framework of judicial review:

1 Repealed: by Section 7 of Act CLXXIV of 2011. No longer in force: as of 1. 01. 2012.

2 Established by Section 16 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
3 Established by Section 16 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
4 Established: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
5 Established: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
6 Enacted: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
7 Enacted: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
8 Numbering amended: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
9 Numbering amended: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
10 Numbering amended: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
11 Numbering amended: by Section 120 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.
12 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
13 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
14 Established: by paragraph (3) Section 2 of Act CLXXIV of 2011. In force: as of 1. 02. 2012.
15 Established by Section 12 of Act XXVI of 1991, effective as of 27 July 1991.
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a) decisions for the approval or refusal of adoption, or for declaring a minor eligible for adoption;
b) decisions ordering the placement of a minor in a suitable institution for the care of children, or
for the termination of such placement;
c) decisions relating to parental custody rights, and for the appointment or dismissal of a guardian
or administrator, or declaring the removal of a guardian or administrator;
d) decisions concerning registry entries, as well as the refusal of the admission, the deletion,
correction and updating of personal data in the vital statistics, the refusal of disclosure of personal
data or their use in an authentic instrument;
e)1
f)2 decisions of the real estate supervisory authority concerning the registration of rights and facts
relating to an immovable property, or for the refusal of registration of rights and facts relating to an
immovable property;
g) decisions establishing tax and duty liabilities, or other similar payment obligations construed as
such by specific other legislation, including other related payments;
h)3 decisions for the placement of archive materials in general archives;
i)4
j)5
k)6
l)7
m)8 decisions concerning the verification of the length of time spent in internment, deportation, or
detention, and in custody for public policy, or in prison camps in the Soviet Union, furthermore, for
the verification of the restriction of the personal liberty of the persons referred to in Subsection (1)
of Section 1 of Government Decree 74/1991 (VI. 10.) Korm., and listed in Section 1 of Government
Decree 174/1992 (XII. 29.) Korm.;
n)9 decisions on family welfare provisions and on social security benefits;
o)10 decisions of the committee for transfer of property or of the Budapest and county
government agencies, concerning the transfer of property;
p) decisions for the use of residential properties or sections of residential properties; furthermore
q) where permitted by law.
(3)11 The court shall abolish the administrative decision and shall order the body having adopted
the decision to reopen the case if it deems appropriate to have another decision rendered on
different legal basis.
(4)12

Section 339/A13

Unless otherwise provided for by law, the court shall review administrative decisions relying on
the legislation applicable at the time when they were adopted and on the basis of the prevailing
facts.

1 Repealed by Section 36 of Act LXXII of 1997, as established by Section 3 of Act LXXI of 1998 and revised according to volume
1999/12 of the Magyar Közlöny, effective as of 1 January 1999.
2 Amended by Paragraph a) of Subsection (1) of Section 73 of Act CIX of 2006.
3 Established by Section 104 of Act CXL of 1997, effective as of 1 July 1998.
4 Repealed by Paragraph f) of Subsection (1) of Section 42 of Act CXXIII of 2007, effective as of 1 January 2008.
5 Repealed by Paragraph a) of Subsection (3) of Section 1 of Act CXL of 2015, effective as of 15 September 2015.
6 Repealed by Subsection (1) of Section 54 of Act CXXII of 1999, effective as of 1 February 2000.
7 Repealed by Paragraph a) of Subsection (2) of Section 19 of Act XVII of 2005, effective as of 1 November 2005.
8 Established by Subsection (1) of Section 17 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings
opened subsequently.
9 Established by Subsection (1) of Section 17 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings
opened subsequently.
10 Established: by Section 28 of Act CXXVI of 2010. In force: as of 1. 01. 2011. Amended: by subparagraph b) Section 8 of Act
XCIII of 2012. In force: as of 6. 07. 2012.
11 Established by Subsection (2) of Section 17 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings
opened subsequently.
12 Repealed by Subsection (1) of Section 31 of Act LX of 1995, effective as of 29 August 1995.
13 Enacted by Subsection (3) of Section 17 of Act XVII of 2005. Amended by Subsection (2) of Section 12 of Act LIII of 2006. The
amendment applies to cases in progress on 17 April 2006. Amended: by Section 29 of Act CXXVI of 2010. In force: as of 1. 01.
2011.
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Section 339/B1

An administrative decision rendered on a discretionary basis shall be construed lawful if the

administrative body has appropriately ascertained the relevant facts of the case, complied with the
relevant rules of procedure, the points of discretion can be identified, and the justification of the
decision demostrates causal relations as to the weighing of evidence.

Section 339/C2

If the court terminated the proceedings only in part [Subsection (3) of Section 337], in its
resolution passed in conclusion of proceedings the court shall order the losing party to cover the
court costs in light of the fact that the costs incurred in connection with the part of the action that
was dismissed on account of repeal, withdrawal or amendment of the administrative decision to be
reviewed should be borne by the administrative body.

Appeal; Retrial; Review3

Section 3404

(1) No appeal may be lodged against the decision of the court, with the exception provided in
Subsection (2).
(2)5 A court decision may be subject to appeal if the administrative action was filed for the
judicial review of a judgment rendered in the first instance, which cannot be appealed through
administrative channels, and the court has powers to reverse such decision on the strength of law.
This provision applies to public procurement cases subject to the exceptions set out in the Act on
Public Procurements.
(3)6
(4)7 Subsection (2) of Section 337 shall also apply to appellate proceedings.
(5)8 The court of the second instance shall decide the case on the merits without a formal hearing,
however it shall hold a hearing if so requested by either party.
(6)9 The appellant may request a hearing in the appeal or within eight days of receiving the
opposing party_s cross-appeal (counter-appeal), while the opposing party of the appellant may
request a hearing within eight days of receiving the appeal. No application for continuation will be
accepted upon failure to meet these deadlines.

Section 340/A10

(1) Paragraph a) of Subsection (1) of Section 271 shall not apply in administrative actions if there
is no right of appeal against the judgment under Section 340.
(2) There shall be no right of review:
a) in cases establishing a payment obligation to the tax authority, or a payment obligation
recognized as outstanding public dues enforced as taxes,
b) in cases for imposing a financial penalty, and
c) in cases of expropriation,

1 Enacted by Subsection (3) of Section 17 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
2 Enacted by Subsection (3) of Section 17 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened
subsequently.
3 Enacted by Section 60 of Law-Decree No. 26 of 1972. Amended by Subsection (2) of Section 18 of Act LXVIII of 1992.
4 Established by Section 29 of Act LXXII of 1997, effective as of 1 January 1999.
5 Established by paragraph (3) Section 180 of Act CVIII of 2011. Amended by Paragraph b) of Subsection (3) of Section 1 of Act
CXL of 2015.
6 Repealed by Subsection (2) of Section 14 of Act LXVIII of 2009, effective as of 1 January 2010.
7 Established by Section 18 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
8 Enacted by Section 18 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
9 Enacted by Section 18 of Act XVII of 2005, effective as of 1 November 2005. Applies to proceedings opened subsequently.
10 Establised: by Section 12 of Act CXVII of 2012. In force: as of 1. 09. 2012.
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if the payment obligation established in the administrative action or in the resolution on the
financial penalty, or the amount of compensation does not exceed one million forints.
(3) The Curia shall adopt a decision concerning the review within one hundred and twenty days
from the time of receipt of the petition.
(4) If the party has filed a motion for retrial against a final judgment, the court of the first
instance, and if petition for review was filed against the judgment, the Curia shall notify the
administrative body thereof in the interest of rendering a decision for having the proceedings
suspended.
(5) After the retrial or the petition for review is decided, if the court has reversed the decision, the
administrative body shall carry on or dismiss the administrative proceedings in accordance with the
decision.

Electronic Communication1

Section 340/B2

(1) In actions for the judicial review of administrative decisions the provisions of Chapter XXVIII
shall apply after 1 January 2016 with the derogations provided for in this Subtitle.
(2)3 If the party is represented by legal counsel, or if an economic operator established in
Hungary, their statements of claim shall be submitted through the form submission support service
as provided for in Subsection (2) of Section 330, to the body having rendered the administrative
decision in the first instance. In the case of electronic processing, the party represented by legal
counsel, or an economic operator established in Hungary - if not represented by counsel - shall have
the option to use the support protocol with facilities for the positive identification of its
representative and the form submission support service, where this is available. In that case they
shall continue to conduct electronic communication in this manner throughout the course of the
action.
(3)4 In administrative actions the administrative body shall submit to the court the documents
referred to in Subsection (2) of Section 330, as well as all other pleadings and documentary
evidence by way of electronic means only, if the administrative proceedings were conducted by
way of electronic means exclusively and the court delivers all official documents to the
administrative body electronically as well. In the case of electronic processing, the administrative
body - if not represented by counsel - shall have the option to use the support protocol with
facilities for the identification of the administrative body and the form submission support service,
where this is available. In that case they shall continue to conduct electronic communication in this
manner throughout the course of the action.
(3a)5 Where electronic communication had not exclusively been used in an administrative
proceeding, the administrative body shall forward all electronically received documents by way of
electronic means, and may forward other documents of the case on paper. On the form it shall enter
the particulars of the parties and their representatives, the act at issue, and shall indicate that the
documents of the case are submitted on paper. The documents of the case shall be submitted to the
court at latest within three working days from the time of receipt of the acknowledgement of
acceptance, defined in Subsection (2) of Section 394/H, received upon delivery of the form to the
court. The administrative body shall enter the receipt number assigned to the submission received
via the system for the service of documents. The court shall send notice to the administrative body
verifying receipt of the documents of the case by an automated reply system. At the time shown on
the notice the submission shall be considered delivered to the court.
(4) The body having rendered the administrative decision in the first instance shall be responsible
to provide for:
a)6

1 Enacted by Section 5 of Act CLXXX of 2015, effective as of 4 December 2015.

2 Enacted by Section 5 of Act CLXXX of 2015, effective as of 4 December 2015.
3 Established by Subsection (1) of Section 2 of Act XL of 2016, effective as of 1 July 2016.
4 Established by Subsection (1) of Section 2 of Act XL of 2016, effective as of 1 July 2016.
5 Enacted by Subsection (2) of Section 2 of Act XL of 2016, effective as of 1 July 2016.
6 Repealed by Paragraph a) of Section 15 of Act XL of 2016, effective as of 30 June 2016.
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b)1 digitization of the application received, including its paper-based enclosures, and for the
safeguarding of paper-based documents, if the application was submitted in paper.
(5) In the first correspondence with the applicant, the court shall use paper-based documents. At
that time the court shall advise the applicant, if required to communicate electronically, that all
pleadings and documentary evidence may be submitted by way of electronic means only, and shall
inform the applicant on the legal consequences if making any pleadings by means other than
electronic means.
(6) In actions for the judicial review of administrative decisions, the administrative body shall,
instead of delivery, make the documents referred to in Subsection (2) of Section 330 available to the
court electronically, as well as all pleadings and documentary evidence, provided that the necessary
information technology conditions are satisfied.

Hearing Conducted Through Closed-circuit Telecommunications Network2

Section 340/C3

(1) In judicial review proceedings opened under the Act on Asylum and the government decree
implementing it the provisions of Chapter XXVIII/A shall apply with the derogations provided for
in this Subtitle.
(2) If, having regard to specific circumstances of the case, the party to be heard does not have an
official document for the purpose of identification or a document evidencing right of residence, the
judge present at the place of the hearing, or presiding over the hearing, or the president judge
conducting the personal interview or the court secretary shall record at the beginning and closing of
the hearing the name, place of birth, date of birth and mother_s name of the party to be heard,
interviewed through the closed-circuit telecommunications network, disclosed for the purpose of
verification of that party_s identity. In the identification process the court shall compare the data
disclosed with those supplied in the proceedings of the authority.

Judicial Review of Resolutions Adopted by the Social Security Administration4

Section 3415

With respect to actions filed for the review of resolutions adopted by the social security
administration, the provisions of this Chapter shall apply with the following exceptions:
a)6
b)7 the action shall be brought against the body of the first instance also if the resolution to be
reviewed was rendered by another body;
c)8 an action related to cash benefits provided under the compulsory health insurance system -
including benefits for accident-related injuries and accident allowances - shall be brought against
the health insurance administration agency or the pension insurance administration agency of
jurisdiction by reference to the employer_s registered office (fixed establishment), even if the
resolution of the first instance was adopted by another agency;
d)9 the court of public administration and labor in whose jurisdiction the plaintiff_s permanent
residence in Hungary, or failing this his habitual residence - or the registered office in the case of
legal persons and unincorporated business associations - is located shall have competence;

1 Amended by Paragraph b) of Section 15 of Act XL of 2016.

2 Enacted by Section 5 of Act CLXXX of 2015, effective as of 4 December 2015.
3 Enacted by Section 5 of Act CLXXX of 2015, effective as of 4 December 2015.
4 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
5 Established by Section 14 of Act XXVI of 1991, effective as of 27 July 1991.
6 Repealed by Section 3 of Act LVI of 2009, effective as of 1 October 2009.
7 Amended under Paragraph a) of Subsection (6) of Section 79 of Act CIX of 2006.
8 Established by Section 47 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened subsequently.
9 Established by Section 3 of Act XXV of 2007, effective as of 20 April 2007. See also Subsection (6) of Section 12 of the same
act. Amended: by subparagraph b) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
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e)1 if the jurisdiction of the administrative body having adopted the resolution in the first instance
covers the entire territory of Hungary, and if the administrative body that is seated in Budapest has
exclusive jurisdiction, the Fővárosi Közigazgatási és Munkaügyi Bíróság (Budapest Court of Public
Administration and Labor) shall have exclusive jurisdiction, unless otherwise provided for by law;
f)2 the court shall have powers to reverse any resolution adopted by the social security
administration, other than those adopted under the principle of deliberation.
g)3

Actions to Establish the Infringement of Decision-Making Functions and the Execution of

Statutory Responsibilities of Municipal Governments4

Section 341/A5

With respect to actions to establish the infringement of decision-making functions and the
execution of statutory responsibilities of municipal governments the provisions of this Chapter shall
apply subject to the following exceptions:
a) such actions shall be heard by the court of jurisdiction by reference to place where the
respondent municipal government is located,
b) the statement of claim shall be submitted to the court of jurisdiction,
c) in addition to the information specified in Section 121, the statement of claim shall contain the
data specified in the Act on the Municipal Governments of Hungary,
d) the court shall send the statement of claim to the municipal government affected to present its
reply to the claims made therein within the thirty-day time limit prescribed,
e) the legal effects of bringing action in the court shall materialize on the date on which the claim
is communicated to the respondent,
f) a request for hearing shall be made by the plaintiff - not including Paragraph b) of Subsection
(8) of Section 338 - in the statement of claim, or by the respondent in its reply to the statement of
claim; in the event of non-compliance no application for continuation will be accepted,
g) the court_s decision may be appealed.

CHAPTER XX/A6

Actions for Overturning the Notary_s Resolution Adopted in Actions in Rem7

Section 341/B8

The provisions of Chapters I-XIV shall apply to actions for overturning the notary_s resolution
adopted in actions in rem (for the purposes of this Chapter hereinafter referred to as _judgment in
rem"), subject to the exceptions set out in this Chapter.

Section 341/C9

(1) The following persons are excluded from the conduct of an action, in addition to the cases
listed in Sections 13-15 and 21, and shall not participate in an action as judges:
a) any case officer who participated in passing the judgment in rem;

1 Established: by Section 1 of Act CLIII of 2010. In force: as of 1. 01. 2011. Amended: by subparagraph k) paragraph (14)
Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
2 Established by Section 5 of Act LXVIII of 2009, effective as of 1 January 2010. Applies to cases opened subsequently.
3 Repealed by Subsection (1) of Section 31 of Act LX of 1995, effective as of 29 August 1995.
4 Enacted: by Section 147 of Act CLXXXIX of 2011. In force: as of 1. 01. 2012.
5 Enacted: by Section 147 of Act CLXXXIX of 2011. In force: as of 1. 01. 2012.
6 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
7 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
8 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
9 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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b) any relative or ex-spouse of the person provided for in Paragraph a), as defined in Subsection
(2) of Section 13;
c) any former employee of the office of the notary who brought the judgment in rem, for a period
of two years following the time of termination of his employment;
d) any person who was heard in the proceedings for bringing the judgment in rem as a witness or
an expert.
(2) The provisions of Subsection (1) shall also apply to the exclusion of the minute taker as well.

Section 341/D1

Any person who is subject to the grounds for disqualification under Paragraphs a)-c) of
Subsection (1) of Section 341/C may not serve as an expert in actions for overturning a judgment in
rem.

Section 341/E2

Such actions shall be heard by the court for the place where the notary who brought the judgment
in rem is domiciled.
Section 341/F3

(1) In addition to what is contained in Section 121, the statement of claim shall contain:
a) the name of the office of the notary who brought the judgment in rem to which the overturning
request pertains, and the number of the judgment in rem;
b) an indication if the power of attorney the legal counsel has presented in the action for bringing
the judgment in rem covers the handling of the case as well.
(2) The statement of claim shall be submitted to the notary who brought the judgment in rem. The
notary shall forward the statement of claim - along with all documents of the case - to the court
within eight days.
(3) If the party failed to meet the deadline prescribed for submission of the statement of claim, he
is allowed to submit an application for continuation (Sections 106-110). The court shall decide
regarding any application for continuation. The notary may not refuse any statement of claim that is
filed in delay, rather, he shall forward it to the court even if the party did not submit an application
for continuation with justification.
(4) If the party submits the statement of claim to the court of competence and jurisdiction and the
data for the identification of the action in rem is available, the court shall contact the notary affected
within eight days from the date of receipt of the statement of claim for making available the
documents of the case. The notary shall comply with the court_s request within eight days. The
statement of claim shall be considered to have been submitted in due time, if it was submitted to the
court within the time limit prescribed in the Civil Code for bringing action. If the party submits the
statement of claim not to the court of competence and jurisdiction, the court shall proceed in
accordance with Section 129.

Section 341/G4

(1) The court shall adopt a decision concerning applications to suspend the enforcement of
judgments in rem in priority proceedings, after having heard the parties if necessary.
(2) The ruling ordering the suspension of enforcement may be contested separately. The court_s
ruling ordering the suspension of enforcement may be executed irrespective of any appeal.
(3) The court shall forthwith submit to the notary its ruling ordering the suspension.

1 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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Section 341/H1

In actions for overturning a judgment in rem court injunctions may not be issued.

Section 341/I2

(1) If the judgment in rem is found correct as to substance, the court shall deny the motion and
sustain the judgment, or shall overturn the judgment in rem in whole or in part.
(2) If the court decided to overturn the judgment in rem, it shall also rule on issues of profits,
losses and costs addressed by the judgment in rem, even if the party concerned brought the action in
connection with possession only.

Section 341/J3

(1) In actions for overturning a judgment in rem the provisions of Chapter XXVIII shall apply
after 1 January 2016 with the derogations provided for in this Section.
(2)4 If the party represented by legal counsel, the economic operator established in Hungary
proceeds in accordance with Subsection (2) of Section 341/F, the party represented by legal counsel
and the economic operator established in Hungary shall submit the statement of claim to the notary
through the form submission support service. In the case of electronic processing, the party
represented by legal counsel, or an economic operator established in Hungary - if not represented by
counsel - shall have the option to use the support protocol with facilities for the positive
identification of its representative and the form submission support service, where this is available.
In that case they shall continue to conduct electronic communication in this manner throughout the
course of the action.
(3) If the claimant submits in accordance with Subsection (2) of Section 341/F the statement of
claim to the notary who brought the judgment in rem, the notary who brought the judgment in rem
shall be responsible to provide for:
a) digitization of the documents underlying the decision, if the statement of claim was submitted
by way of electronic means, and
b) digitization of the statement of claim submitted, including its paper-based enclosures, and for
safeguarding paper-based documents, and also for digitization of the documents underlying the
decision, if the statement of claim was submitted in paper.
(4) If the claimant submits the statement of claim to the court of competence and jurisdiction, in
the proceedings under Subsection (4) of Section 341/F the court shall call upon the notary who
brought the judgment in rem to submit the documents in digitized form.
(5) In the case under Subsection (3), in the first correspondence with the claimant, the court shall
use paper-based documents. At that time the court shall advise the claimant, if required to
communicate electronically, that all pleadings and documentary evidence may be submitted by way
of electronic means only, and inform the claimant on the legal consequences if making any
pleadings by means other than electronic means.

CHAPTER XXI5

Actions for Media Remedy6

1 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Enacted by Subsection (30) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Enacted by Section 6 of Act CLXXX of 2015, effective as of 4 December 2015.
4 Established by Section 3 of Act XL of 2016, effective as of 1 July 2016.
5 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.
6 Established on the base: of paragraph (1) Section 22 of Act CIV of 2010. In force: as of 1. 01. 2011.
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Section 3421

(1)2 Publication of retraction may be demanded by the person or organization affected in

accordance with the Act on Freedom of the Press and on the Basic Rules Relating to Media Content
from the media service provider, press product editors or news agency implicated within thirty days
from the date of publication or broadcast of the disputed communication.
(2) Publication of a statement of remedy, if requested in due time, may be refused only if the
argument made in the request is promptly refutable.

Section 3433

(1)4 If the media service provider, the press product editors or news agency fails to satisfy the
publication of a statement of remedy, the person seeking remedy shall have the right to bring action
against the media content provider, press product editors or news agency involved.
(2) The provisions of Chapters I-XIV shall apply in actions for media remedy subject to the
exceptions set out in this Chapter. An action for media remedy may not be joined or consolidated
with any other actions.
(3) The action shall be filed within fifteen days from the last day of the obligation of publication.
An application for continuation (Sections 106-110) may be submitted upon failure to meet this
deadline. The body referred to in Subsection (1) shall be involved as a party even if otherwise
lacking legal capacity (Section 48).
(4) The statement of claim shall expressly specify the contents of the statement of remedy,
contain proof that the plaintiff made the request for remedy within the legal deadline, and - in the
case of a newspaper, magazine or periodical - the volume that contains the contested allegation, or a
printed version of the contested communication in the case of online journals shall be attached, if
available.

Section 3445

(1)6 The court in whose jurisdiction the main offices, or home address of the press product
editors, news agency or media service provider are located shall have competence to hear such
cases. Jurisdiction may also be based on the location of the local studio of the media service
provider.
(2) The court shall handle actions for media remedy in priority proceedings. The presiding judge
shall set the date of the hearing not later than the eighth day following the date of submission of the
statement of claim, except if the statement of claim is submitted in delay, in which case the
presiding judge shall reject the statement of claim without issuing any writ of summons.
(3) In such cases no applications for continuation and no counterclaims will be admissible, and
such cases may not be suspended.
Section 3457

(1) Holding the first hearing shall not be prevented by the plaintiff_s or the defendant_s failure to
appear. However, if neither of the parties are present in the first hearing, the case shall be dismissed.
In actions for media remedy court orders may not be issued.

1 Established: by paragraph (1) Section 22 of Act CIV of 2010. In force: as of 1. 01. 2011.
2 Established by Subsection (31) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Established: by paragraph (1) Section 22 of Act CIV of 2010. In force: as of 1. 01. 2011.
4 Established: by paragraph (2) Section 66 of Act CVII of 2011. In force: as of 3. 08. 2011.
5 Established: by paragraph (1) Section 22 of Act CIV of 2010. In force: as of 1. 01. 2011.
6 Established: by paragraph (3) Section 66 of Act CVII of 2011. In force: as of 3. 08. 2011.
7 Established: by paragraph (1) Section 22 of Act CIV of 2010. In force: as of 1. 01. 2011.
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(2) Taking of evidence may be performed solely in connection with such evidence that is
available at the hearing, and which appear to have the capacity to promptly corroborate the
authenticity of the allegations contained in the contested publication, or to promptly refute the
arguments made in the claim. Taking of evidence may be performed with respect to any evidence
offered by the plaintiff on the spot. The hearing may be postponed - for maximum eight days - only
if the plaintiff so requested, or if the evidence presented appear sufficient to prove the success of the
taking of evidence.
(3) If the court_s decision is in favor of the plaintiff, it shall render a judgment ordering the
defendant to publish a statement of remedy worded by the court within the prescribed deadline, and
to bear the costs of the proceedings.

Section 3461

(1) The court of the second instance shall hear the appeal within not more than eight days from
the time of receipt of the relevant documents.
(2) A motion for retrial may not be submitted against a judgment rendered in an action for media
remedy.

Chapter XXI/A2

Actions for the Enforcement of Rights to Facial Likeness and Recorded Voice3

Section 364/A4

(1) A person whose facial likeness or voice is recorded, or used without his consent, shall have
the right to submit a request for remedying the infringement within thirty days of gaining
knowledge of such recording or use and demand that the producer or user:
a) ceases the infringement;
b) make appropriate restitution and that the producer or user make an appropriate public
disclosure for restitution at his own expense;
c) terminates the injurious situation and restores the previous state, and to have the effects of the
infringement nullified or deprived of their unlawful nature.
(2) After a six-month period from the time when the likeness or voice was recorded or used a
request for remedying the infringement may not be submitted.
(3) Compliance with the request for remedy, if submitted in due time, may be declined only if the
argument made in the request is promptly refutable.

Section 346/B5
(1) If the producer or user of the facial likeness or recorded voice fails to comply with the request
for remedying the infringement within the time limit prescribed in days, the party making the
request shall have the right to bring action as provided for in this Chapter against such producer or
user. In such action the plaintiff may move to enforce the provisions set out in Paragraphs a)-d) of
Subsection (1) of Section 2:51 of the Civil Code. Other sanctions available for violations of rights
relating to personality may be enforced in a separate lawsuit.
(2) The provisions of Chapters I-XIV shall apply in actions for the enforcement of rights to facial
likeness and recorded voice subject to the exceptions set out in this Chapter. Actions brought for the
enforcement of rights to facial likeness and recorded voice may not be joined or consolidated with
any other actions.

1 Established: by paragraph (1) Section 22 of Act CIV of 2010. In force: as of 1. 01. 2011.
2 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
3 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
4 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
5 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
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(3) The action shall be filed within fifteen days from the last day of the time limit prescribed for
compliance with the request for remedying the infringement. Justification (Sections 106-110) may
be submitted upon failure to meet this deadline. If the producer or user of the facial likeness or
recorded voice is other than a natural person, he shall be involved as a party even if otherwise
lacking legal capacity (Section 48).
(4)1 The statement of claim shall expressly specify the specific sanction from those under
Paragraphs a)-d) of Subsection (1) of Section 2:51 of the Civil Code the plaintiff moves for, and
proof shall be provided that the plaintiff filed the request for remedying the infringement within the
legal deadline. The facial likeness and the recorded voice shall be attached with the statement of
claim, if available, and - in the case of use - documentary evidence relating to the means of
publication.

Section 346/C2

(1) The court shall hear such actions in priority proceedings. The presiding judge shall set the date
of the hearing not later than the eighth days following the date of submission of the statement of
claim, except if the statement of claim is submitted in delay, in which case the presiding judge shall
reject the statement of claim without issuing any writ of summons.
(2) In such cases no justification and no counterclaims will be admissible, and such cases may not
be suspended.

Section 346/D3

(1) Holding the first hearing shall not be prevented by the plaintiff_s or the defendant_s failure to
appear. However, if neither of the parties are present in the first hearing, the case shall be dismissed.
In such actions court injunctions may not be issued.
(2) Taking of evidence may be performed solely in connection with evidence that of which appear
to have the capacity to readily prove the allegation that the facial likeness or the recorded voice was
in fact produced, or used, or it supports the defense arguments made by the respondent in that they
were made with the plaintiff_s consent or that the plaintiff_s consent is not required by law. Taking
of evidence may be performed, furthermore, where this is deemed necessary for the application of
objective legal effects. These facts shall be adduced by the party bearing a vested interest in
persuading the court to recognize them as true. Taking of evidence may be performed solely in
connection with evidence that of which is available at the hearing, and which are readily made
available by the parties.
(3) The hearing may be postponed - for maximum eight days - only if so requested by either of
the parties, and if this is alleged to prove the success of the taking of evidence.

Section 364/E4
(1) The court of second instance shall hear the appeal within not more than eight days from the
time of receipt of the relevant documents.
(2) A motion for retrial may not be submitted against a judgment rendered in such actions.

Section 364/F5

Any person whose facial likeness or voice is recorded, or used without his consent, and he fails to
bring action under this Chapter, may bring action in accordance with the general rules for the
protection of personality rights.

1 Amended by Paragraph c) of Section 15 of Act XL of 2016.

2 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
3 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
4 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
5 Enacted by Section 2 of Act XI of 2015, effective as of 2 April 2015.
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CHAPTER XXII1

Actions for the Enforcement of Personality Rights for Being Part of a Certain Group2

Section 3473

In actions for the enforcement of personality rights for belonging to a certain community [Civil
Code, Subsection (5) of Section 2:54] the provisions of Chapters I-XIV shall apply subject to the
exceptions set out in this Chapter.

Section 3484

(1) Actions shall be heard by the court in whose jurisdiction the respondent_s home address, or
failing this, his habitual residence, or the respondent_s main offices, if other than a natural person,
is located in Hungary.
(2) If jurisdiction cannot be delegated under Subsection (1), the Fővárosi Törvényszék (Budapest
Metropolitan Court) shall have jurisdiction to hear such cases.

Section 348/A5

(1) Such actions may be joined only with actions for the enforcement of rights relating to
personality involving the same cause of action for being part of a certain group. In such actions
counterclaims and intervention are not admissible.
(2) The statement of claim shall indicate the date when the infringement took place, and - if
available - the evidence substantiating the infringement shall be enclosed as well. In the statement
of claim the claimant shall indicate if he/she claims to belong to the community affected by the
infringement.

Section 348/B6

(1) Legal representation is mandatory in all stages of the proceedings.

(2) The court may order the joining of actions for the enforcement of rights relating to personality
pending before it, provided that they involve the same cause of action. Actions before courts of
analogous jurisdiction involving the same cause of action shall be joined as well, where the court
having received the first statement of claim shall carry on the proceedings.
(3) In the case of actions joined under Subsection (2), if damages for any violation of the
claimant_s rights relating to personality for belonging to a certain community are claimed as well,
the court shall order the hearing of such case in a single action, and shall suspend it until the final
conclusion of the action. After the suspension is lifted, the court shall hear the case according to the
general rules.
(4) The claimant shall declare in the statement of claim if he/she claims to belong to the
community affected by the infringement.
(5) As regards any disposition of being a member of a community, which is recognized as an
essential part of one_s personality, the court shall consider whether the conduct considered to
damage that community_s reputation is in general constitutes a violation of personality rights of a
member of that community as well.

1 Established by Subsection (32) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
2 Established by Subsection (32) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
3 Established by Subsection (32) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
4 Established by Subsection (32) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
5 Enacted by Subsection (32) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
6 Enacted by Subsection (32) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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(6) The court shall award restitution in one sum, taking into account the gravity of the
infringement, whether it was committed on one or more occasions, the degree of responsibility, the
impact of the infringement upon the community, to be distributed among all claimants of
restitution.

CHAPTER XXIII1

Actions Relating to Contracts of Employment and Other Similar Legal Relationships2

Opening the Proceedings3

Section 3494

(1) The provisions of Chapters I-XIV shall apply in the following cases (hereinafter referred to as
_labor disputes") subject to the exceptions set out in this Chapter:
a) in actions related to labor-law claims [Subsection (1) of Section 285 of the Labor Code],
furthermore
b) in actions arising from civil service relationships,
c)5 in actions arising from government service, State service and public service relationships,
d) in actions arising from service relationships,
e) in actions arising from the employment-type legal relationship of cooperative members,
(hereinafter referred to as _employment").
(2) In addition to what is contained in Subsection (1), the provisions on labor disputes may apply,
by the operation of law, to other cases as well.
(3) Claims based on the rights stemming from the relationship between the employee and the
employer in direct connection with employment may be enforced in labor disputes referred to in
Subsection (1) as well.
(4)6 The employment tribunal shall have competence for the judicial review of resolutions
adopted in connection with administrative decisions pertaining to labor and occupational safety
inspections, resolutions adopted relating to the setting up and participation in the sectoral dialogue
committee, including the rights exercised therein, administrative decisions adopted by the
government employment agency on the basis of the Act on Job Assistance and Unemployment
Benefits, and resolutions adopted by the social security administration; during which the court of
public administration and labor shall proceed in accordance with the provisions of Chapter XX.
(5) The party may enforce his pecuniary claims by way of the order for payment procedure,
except if the action pertains to the sanctions applied as a consequence of any breach on the
employer_s part of the obligations stemming from the conclusion, amendment or termination of the
employment relationship, or to sanctions applied on the grounds of misconduct.

Courts 7

Section 349/A8

Labor disputes shall be heard by the court of the first instance with the participation of lay
assessors, unless otherwise prescribed.

1 Enacted by Section 60 of Law-Decree No. 26 of 1972, effective as of 1 January 1973.

2 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
3 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
4 Established: by paragraph (1) Section 20 of Act LXXXVI of 2012. In force: as of 1. 07. 2012.
5 Established by Section 2 of Act LXIV of 2016, effective as of 1 July 2016.
6 Amended: by subparagraph l) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
7 Enacted by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
8 Enacted by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
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Competence, Jurisdiction1

Section 349/B2

(1) In establishing the amount in dispute, severance pay shall not be taken into account, except if
the action was expressly filed for receiving severance payment.
(2)3 With regard to labor disputes, only the court of public administration and labor competent
according to the location of the employer_s address, or according to the employer_s permanent
establishment where the employee is or has been employed based on his contract of employment,
shall have jurisdiction.
(3)4

Disqualification of Judges5

Section 3506
(1) In addition to the cases covered by Sections 13-15 and 21, the following persons are excluded
from the conduct of an action, and shall not function in an action as judges:
a) any person who has taken the measure, or participated in passing the decision against which an
action has been brought;
b) the relatives or former spouse described in Subsection (2) of Section 13 of the person referred
to in Paragraph a);
c) any person who has participated in the disciplinary or conciliation proceeding, including
participation as an expert or witness.
(2) The provisions of Subsection (1) shall also apply to the exclusion of the minute taker as well.

Parties and Other Persons Involved in Actions 7

Section 3518

Any trade union, employers_ representative body or workers_ (public servants_) council which,
according to Section 48, has no legal capacity may enter the action as a party.

Representation9

Section 35210

In labor disputes the employees_ representative body may also be given a power of attorney to
proceed in actions filed by its own members.

Measures Based on the Statement of Claim11

1 Enacted by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.

2 Enacted by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
3 Amended: by subparagraph b) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
4 Repealed by Paragraph a) of Subsection (4) of Section 21 of Act CXXX of 2005, effective as of 1 January 2006.
5 Enacted by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
6 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
7 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
8 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
9 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
10 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
11 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
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Section 3531

(1) Where so justified in view of the nature or the complexity of the case, the defendant may be
ordered in the writ of summons to respond to the statement of claim in writing within the short time
limit prescribed.
(2) The court may - of its own motion - suspend the enforcement of a protested decision or
measure in justified cases.
(3) If no special measures (preparations, obtaining documents, remedying deficiencies, etc.) are
necessary, the hearing shall be scheduled to be held within fifteen days from the time when the
statement of claim is delivered to the court.
(4) The court shall hear actions for reinstating an employment relationship which has been
terminated in priority proceedings.

Section 3542

In justified cases the court shall set the venue of the hearing, outside of its seat, at the official
premises of the district court.
Hearing3

Section 3554

(1)5 If the parties are duly represented in trial in person or by way of their counsels, the hearing
shall begin with conciliation in an attempt to reach a settlement between the parties. To this end, the
presiding judge shall discuss the entire legal dispute with the parties subject to open deliberation of
all circumstances.
(2) If the reconciliation referred to in Subsection (1) has failed, the court shall proceed with the
hearing immediately.

Section 3566

The plaintiff may withdraw his action without the consent of the defendant at any time.

Section 3577

In labor disputes, the petition for payment of wages and for the issuance of an employer
certificate shall be deemed as a legal protection claim under special consideration in the application
of Section 156.
Appeal, Judicial Review8

Section 3589

1 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.

2 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999. Amended: by subparagraph a) paragraph (14)
Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
3 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
4 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
5 Established: by paragraph (2) Section 20 of Act LXXXVI of 2012. In force: as of 1. 07. 2012.
6 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
7 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
8 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
9 Established by Section 32 of Act LXXII of 1997, effective as of 1 January 1999.
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(1)1 Appeals shall be decided by the general court having jurisdiction where the seat of the court
of public administration and labor is located.
(2)2 Subject to the exception set out in Subsection (3), there shall be no right of review where the
value disputed in the petition for review, or the value established under Section 24, Subsections (3)
and (4) of Section 25, and under Subsection (3) of Section 25 as regards joined cases does not
exceed five times the prevailing monthly minimum wage for full-time employment.
(3)3 Judicial review may be requested below the value limit specified in Subsection (2) if:
a)4 the entry into, amendment or termination of the legal relationship, or the claim for damages or
for restitution is disputed as to legal grounds;
b) the sanction applied in consequence of any infringement by the employee of obligations arising
from the employment relationship is disputed; or
c) the sanction applied in consequence of any disciplinary infraction or on the grounds of
unprofessional conduct is disputed.

Section 358/A5

(1)6 A motion for retrial may be submitted against a final judgment of the court of public
administration and labor adopted in a labor dispute, or against settlements approved by final ruling
according to the general rules.
(2) If a motion for retrial is submitted (opened) in connection with the termination of employment
after six months, the employee may not demand to be reinstated and continued to be employed in
his original position or at the original work place. Under the same circumstances, the employee may
not lay claim to any wages for any time past the six-month period preceding the date of submission
of the motion for retrial.

Employees_ Exemption From Costs or Expenses7

Section 358/B8

If the absentee pay from an employment relationship to which the labor dispute pertains do not
exceed the sum set forth by specific other legislation, the employee involved in the action as a party
shall be entitled to exemption from costs or expenses granted to employees. Accordingly, full
exemption from costs shall be granted - unless otherwise prescribed by law - throughout the entire
duration of the litigation as from the date of submission of the statement of claim, covering the
enforcement procedure as well. The particulars pertaining to the employee_s exemption from costs
shall be indicated in the statement of claim, or the necessary document must be attached. The court
shall ex officio check the party_s entitlement relying on the documents attached.

Actions for Review of Decisions of the Kormánytisztviselői Döntőbizottság (Government

Officials_ Arbitration Committee)9

Section 358/C10

1 Amended: by subparagraph e) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by subparagraph b)
paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
2 Establised: by Section 13 of Act CXVII of 2012. In force: as of 1. 09. 2012.
3 Enacted: by Section 13 of Act CXVII of 2012. In force: as of 1. 09. 2012.
4 Established by Subsection (33) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
5 Enacted: by paragraph (1) Section 14 of Act CXVII of 2012. In force: as of 24. 07. 2012.
6 Amended: by subparagraph m) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
7 Enacted: by paragraph (1) Section 14 of Act CXVII of 2012. In force: as of 24. 07. 2012.
8 Enacted: by paragraph (1) Section 14 of Act CXVII of 2012. In force: as of 24. 07. 2012.
9 Enacted: by paragraph (1) Section 14 of Act CXVII of 2012. In force: as of 24. 07. 2012.
10 Enacted: by paragraph (1) Section 14 of Act CXVII of 2012. In force: as of 24. 07. 2012.
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In actions for review of decisions of the Kormánytisztviselői Döntőbizottság (hereinafter referred

to as _Arbitration Committee") the provisions of this Chapter shall apply subject to the exceptions
set out in this subtitle.

Retrial1

Section 3592

(1) The statement of claim against the opposing party shall be submitted to the Arbitration
Committee. Upon receipt of the statement of claim, enforcement of the resolution adopted by the
Arbitration Committee shall be suspended.
(2) In addition to what is contained in Section 121, the statement of claim shall contain:
a) the number of the Arbitration Committee resolution;
b) the time of gaining knowledge of the resolution; and
c) an indication if the power of attorney the legal counsel has presented in the proceedings of the
Arbitration Committee covers the handling of the case as well.
(3) The Arbitration Committee shall forward the statement of claim - along with all documents of
the case - to the court within fifteen days.
(4) If the party failed to meet the deadline prescribed for submission of the statement of claim, he
is allowed to submit an application for continuation (Sections 106-110). The Arbitration Committee
may not refuse any statement of claim that is filed in delay, rather, it shall forward it to the court
even if the party did not submit an application for continuation with justification.
(5) In addition to what is contained in Subsection (1) of Section 350, any person who participated
in passing the decision of the Arbitration Committee shall be excluded from the action, and shall
not function in the action as a judge, nor any person who was heard as a witness or an expert in the
proceedings underlying the decision of the Arbitration Committee.

Section 359/A3

(1)4 The court of public administration and labor shall - by way of a ruling - overturn the
resolution of the Arbitration Committee in its entirety, and shall order the Arbitration Committee to
reopen the case if it was not properly formed, or if any excluded person participated in the process.
If the Arbitration Committee overstepped its jurisdictional boundaries, or declared its lack of
jurisdiction unlawfully, the court of public administration and labor shall abolish this part of the
resolution only.
(2)5 Except for the cases defined in Subsection (1), the court of public administration and labor
shall have no competence to order the Arbitration Committee to reopen the case, rather it shall
decide on the merits and alter the contested resolution in part or in whole, or shall refuse the action.
If the parties reached a settlement, the court of public administration and labor shall adopt a ruling
to approve the settlement and to abolish the resolution.

CHAPTER XXIV6

Procedures Related to Constitutional Complaints7

1 Enacted by Section 60 of Law-Decree No. 26 of 1972. Amended by Paragraph b) of Subsection (3) of Section 203 of Act XXII
of 1992.
2 Establised: by paragraph (2) Section 14 of Act CXVII of 2012. In force: as of 24. 07. 2012.
3 Establised: by paragraph (2) Section 14 of Act CXVII of 2012. In force: as of 24. 07. 2012.
4 Amended: by subparagraph l) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
5 Amended: by subparagraph l) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
6 Established by Subsection (3) of Section 1 of Act XLV of 1999, effective as of 1 June 1999. Applies to cases opened on the basis
of a constitutional complaint and decided (concluded) by the Constitutional Court after 1 June 1999.
7 Established: by paragraph (7) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
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Section 359/B1

(1) Where a party lodges a constitutional complaint according to the Act on the Constitutional
Court, the court of the first instance shall promptly forward it to the Constitutional Court.
(2) If the court has adopted an interlocutory judgment under Subsection (2) of Section 213 and the
party has lodged a constitutional complaint, the court may order the stay of the proceedings
concerning the claim or part of the claim unaffected, where justified by the circumstances of the
case, until the conclusion of the proceedings of the Constitutional Court.
(3) If the court has adopted an interim judgment under Subsection (3) of Section 213 and the
party has lodged a constitutional complaint, the court may order the stay of the proceedings
concerning the amount (quantity) of the claim, where justified by the circumstances of the case,
until the conclusion of the proceedings of the Constitutional Court.
(4) The court_s decision on the stay of proceedings may be contested separately; however, the
court shall have powers to reverse such resolution on its own accord as well.

Section 359/C2

(1) The court of the first instance may suspend the enforcement of the decision contested by the
constitutional complaint until the conclusion of the proceedings of the Constitutional Court; such
decision may appealed separately.
(2) The court of the first instance shall suspend the enforcement of the decision contested by the
constitutional complaint, if so instructed by the Constitutional Court. This decision may not be
appealed.
(3) The court shall deliver its final ruling on suspension to the Constitutional Court.

Section 3603

If the Alkotmánybíróság (Constitutional Court):

a) annuls - in procedures related to constitutional complaints - a specific legislation or statutory
provision, thus rendering it inapplicable - in the absence of a decision of the Alkotmánybíróság to
the contrary - in the case invoking the proceedings of the Alkotmánybíróság, or
b) declares the decision of a judge contrary to the fundamental law, and annuls the decision,
the procedural means of remedy shall be determined by the Curia based on the resolution of the
Alkotmánybíróság, in due compliance with the relevant procedural regulations.

Section 3614

The Curia shall resolve constitutional complaints as per the following:5

a) if the resolution of the Alkotmánybíróság is for the annulment of a substantive law or
provision, and the case was handled by way of an action (or non-judicial proceedings) only, the
complainant shall be advised of his right to submit motion for retrial within thirty days at the
competent court of the first instance;
b)6 if the resolution of the Alkotmánybíróság is for the annulment of a procedural legislation or
provision, it shall establish the applicability of the procedural law stemming from the resolution of
the Alkotmánybíróság by way of the relevant rules of procedure, and - if necessary - shall order the
reopening of that section of the proceedings, while abolishing the decision adopted in conclusion
thereof, the outcome of which may have been influenced by the legislation that was found contrary
to the fundamental law.

1 Enacted: by paragraph (8) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
2 Enacted: by paragraph (8) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
3 Established: by paragraph (9) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
4 Established by Subsection (3) of Section 1 of Act XLV of 1999, effective as of 1 June 1999. Applies to cases opened on the basis
of a constitutional complaint and decided (concluded) by the Constitutional Court after 1 June 1999.
5 Amended: by subparagraph c) Section 4 of Act CCI of 2011. In force: as of 1. 01. 2012.
6 Amended: by subparagraph d) Section 4 of Act CCI of 2011. In force: as of 1. 01. 2012.
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c)1 if the resolution of the Alkotmánybíróság is for the annulment of a court decision, it shall
order the court of the first or second instance - save where Paragraph d) applies - to reopen the case
and to adopt a new resolution stemming from the resolution of the Alkotmánybíróság, or shall order
the court to render a new decision in review proceedings;
d)2 if the resolution of the Alkotmánybíróság is for the annulment of a court decision on the
review of the decision of another authority, resulting in the annulment of that decision as well, it
shall notify the authority that has adopted the annulled decision - with the resolution of the
Alkotmánybíróság enclosed - for taking the measures necessary, and shall inform the complainant
thereof.

Section 3623

(1)4 In the cases defined in Paragraphs a) and b) of Section 361 proceedings are opened upon the
complainant_s request that may be submitted within thirty days of receipt of the relevant resolution
of the Alkotmánybíróság, or shall be opened ex officio in the cases defined in Paragraphs c) and d)
of Section 361. In the cases defined in Paragraphs c) and d) of Section 361 the court of the first
instance shall forward the decision of the Alkotmánybíróság together with the documents of the
case to the Curia without delay. The Curia shall hear the case in non-contentious proceedings.
(2)5 The Curia shall - if justified - hear the party lodging the constitutional complaint, or the
opposing party involved in the proceedings indicated in the Alkotmánybíróság resolution. The
failure of any person who has been properly summoned or either of the parties to attend shall not
impede the conduct of the hearing.
(3)6 There is no right of appeal against the decision of the Curia.

Section 3637

(1) Actions brought upon a successful constitutional complaint shall be decided in expeditious
proceedings.
(2)8 Unless otherwise provided for in this Chapter, the Curia shall proceed in accordance with the
general provisions.

Section 3649

CHAPTER XXV10

Enforcement Actions11

Section 36512

The provisions of Chapters I-XIV shall apply to enforcement actions subject to the exceptions set
out in this Chapter.

1 Enacted: by paragraph (10) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
2 Enacted: by paragraph (10) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
3 Established by Subsection (3) of Section 1 of Act XLV of 1999, effective as of 1 June 1999. Applies to cases opened on the basis
of a constitutional complaint and decided (concluded) by the Constitutional Court after 1 June 1999.
4 Established: by paragraph (11) Section 3 of Act CCI of 2011. In force: as of 1. 01. 2012.
5 Amended: by subparagraph c) Section 4 of Act CCI of 2011. In force: as of 1. 01. 2012.
6 Amended: by subparagraph c) Section 4 of Act CCI of 2011. In force: as of 1. 01. 2012.
7 Established by Subsection (3) of Section 1 of Act XLV of 1999, effective as of 1 June 1999. Applies to cases opened on the basis
of a constitutional complaint and decided (concluded) by the Constitutional Court after 1 June 1999.
8 Amended: by subparagraph c) Section 4 of Act CCI of 2011. In force: as of 1. 01. 2012.
9 Repealed by Paragraph a) of Section 64 of Act LXXI of 1994, effective as of 13 December 1994.
10 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
11 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
12 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
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Actions for Termination or Limitation of Enforcement1

Section 3662

Where the termination or limitation of enforcement is not permitted according to Section 41 or 56

of Act LIII of 1994 on Judicial Enforcement (hereinafter referred to as _JEA") within the
framework of judicial enforcement procedures, the judgment debtor who finds the enforcement
prejudicial may bring an action for the termination or limitation of enforcement against the
judgment creditor.

Section 3673

Actions for termination or limitation of enforcement must be heard by the court that ordered the
enforcement procedure in question; where enforcement is ordered by the general court or a court of
public administration and labor, or by a notary public, the district court of jurisdiction by reference
to the judgment debtor_s permanent residence shall have exclusive jurisdiction.
Section 3684

An action for the termination or limitation of enforcement initiated by a certificate of enforcement

or an enforcement order that is treated the same can be brought if any fact intended for presentment
during the hearing:
a) occurred at a time when it was no longer possible to present it in the proceedings preceding the
decision underlying the enforcement order, or
b) occurred after the settlement underlying the enforcement order was reached.

Section 3695

An action for the termination or limitation of enforcement initiated by a document with an

enforcement clause or by an enforcement order that is treated the same if:
a) the claim to be enforced had not validly been implemented;
b) the claim no longer exists wholly or in part;
c) the judgment creditor granted a respite for performance, and this time limit not yet expired;
d) the judgment debtor wishes to enforce a claim that may be set off against that claim.

Section 3706

The court hearing the action for termination or limitation of enforcement may award a stay of
enforcement.

Section 370/A7

(1) The court shall hear actions for termination or limitation of enforcement in priority
proceedings, and shall set the date of the hearing within fifteen days from the time of submission of
the statement of claim. Such cases may not be stayed.
(2) Holding the first hearing shall not be prevented by the plaintiff_s or the defendant_s failure to
appear. However, if neither of the parties are present in the first hearing, the case shall be dismissed.

1 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.

2 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
3 Established by Subsection (6) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009. Amended: by subparagraph e) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012. Amended: by
subparagraph n) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
4 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
5 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
6 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
7 Enacted by Subsection (2) of Section 169 of Act CXXXVI of 2000, effective as of 1 September 2001.
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(2a)1 If the action was brought for the termination of an enforcement procedure, where limitation
is also a possibility, the court shall advise the parties to that effect and shall provide occasion to
present their relevant statements.
(3) Taking of evidence may be performed solely in connection with such evidence that is
available at the hearing, and which appear to have the capacity to readily prove the allegations
contained in the statement of claim or the defense arguments made by the defendant. Taking of
evidence may be performed with respect to any evidence offered by the parties on the spot.
(4) The hearing may be postponed - for maximum eight days - only if the evidence presented
appear sufficient to prove the success of the taking of evidence.
(5) The court shall send the statement of claim to the competent court bailiff requesting to declare
his expenses incurred in the proceedings, including his fee, and to demonstrate the underlying
circumstances and the procedural steps he has taken. The court bailiff shall be notified of the day of
the hearing.
(6) If the bailiff has presented the statement referred to in Subsection (5), the court shall provide
for the bearing of enforcement costs in its decision for the termination of enforcement. The court_s
decision may be appealed by the court bailiff as well in respect of the enforcement costs.

Actions of Replevin2

Section 370/B3

(1) If the plaintiff in an action for the termination or limitation of an enforcement procedure
alleges invalidity pursuant to Paragraph a) of Section 369, in that action the plaintiff shall submit
another motion for declaring a contract executed in a document with an enforcement clause affixed
or a contract underlying a unilateral commitment executed in a document with an enforcement
clause affixed ineffective.
(2) In the case provided for in Subsection (1), if, despite of being requested to do so, the plaintiff
fails to bring action for declaring a contract executed in a document with an enforcement clause
affixed or a contract underlying a unilateral commitment executed in a document with an
enforcement clause affixed ineffective, if the action is based solely on Paragraph a) of Section 369
the statement of claim shall be denied without issuing any writ of summons, or if the statement of
claim cannot be denied without issuing any writ of summons, the case shall be dismissed. The
statement of claim may not be denied without issuing any writ of summons, or the case may not be
dismissed if the plaintiff is able to show cause for the termination or limitation of the enforcement
procedure other than the ground provided for in Paragraph a) of Section 369. In that case the
plaintiff shall be construed not to maintain his statement of claim filed pursuant to Paragraph a) of
Section 369.
(3) In the case provided for in Subsection (1), in connection with a contract executed in a
document with an enforcement clause affixed or a contract underlying a unilateral commitment
executed in a document with an enforcement clause affixed, in the action for declaring such contract
ineffective the claim shall be made against all those persons who should be involved in the lawsuit
brought for declaring the contract ineffective.
(4) In the case provided for in Subsection (1), the action shall be heard and decided by the court
having jurisdiction regarding the termination or limitation of the enforcement procedure even if, in
connection with a contract executed in a document with an enforcement clause affixed or a contract
underlying a unilateral commitment executed in a document with an enforcement clause affixed, the
action for declaring such contract ineffective falls within the competence and jurisdiction of another
court.

1 Enacted by Section 3 of Act CLVIII of 2016, effective as of 1 January 2017.

2 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
3 Enacted by Section 4 of Act CLVIII of 2016, effective as of 1 January 2017.
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(5) An action for the termination or limitation of an enforcement procedure, where the plaintiff
alleges invalidity pursuant to Paragraph a) of Section 369, the court shall stay such proceedings
until a final ruling is brought in the action for declaring a contract executed in a document with an
enforcement clause affixed or a contract underlying a unilateral commitment executed in a
document with an enforcement clause affixed ineffective, if:
a) the action for declaring the contract ineffective was brought before the action brought pursuant
to Paragraph a) of Section 369, or
b) the action for declaring the contract ineffective was brought by a person other than the plaintiff
of the action brought pursuant to Paragraph a) of Section 369.
(6) Subsections (3) and (4) of Section 370/A shall not apply in the case covered in Subsection (1)
hereof.

Section 3711

(1) Any person who lays claim to seized assets asserting ownership right or any other right with
the capacity to block the sale of the asset in the process of enforcement, may lodge an action of
replevin to recover the asset from seizure (hereinafter referred to as _action of replevin" against the
judgment creditor.
(2) Seized assets may not be claimed by any person who is held liable for the debt subject to
enforcement jointly with the judgment debtor. However, any spouse whose liability is limited to
his/her share of the community property, may lay claim to the individual asset seized.
(3) No action of replevin may be brought relating to immovable property on the basis of
beneficial interest by the holder of such beneficial interest.

Section 3722

(1) In connection with the seizure of any asset of common ownership, either of the co-owners
may lodge an action of replevin on their own accord.
(2) Where an asset is seized to satisfy the claim of several judgment creditors, the action of
replevin shall be brought against each judgment creditor.
(3)3 In connection with the enforcement of any criminal claim under Paragraph d) of Section 10
of the JEA - including a criminal attachment securing such claim - the action of replevin shall be
brought against the entity authorized to act as the holder of the claim.
(4) If the criminal attachment was ordered to secure a civil claim, the action of replevin shall be
brought against the injured (civil) party.

Section 3734

Actions of replevin shall fall within the exclusive jurisdiction of the district courts, in whose
jurisdiction the seizure took place.
Section 3745

(1) The court of competence for actions of replevin may order the stay of enforcement.
(2) The aforesaid stay applies only to the asset claimed.

Section 3756

In actions of replevin no counterclaim may be filed.

1 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.

2 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
3 Established: by Section 82 of Act CLXXX of 2011. In force: as of 15. 03. 2012.
4 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994. Amended: by subparagraph a) paragraph (14)
Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
5 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
6 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
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Section 3761

(1)2 Concerning actions of replevin with suspensory effect (JEA, Sections 115, 139 and 178) the
court shall forthwith notify the court bailiff (hereinafter referred to as _bailiff"), or the real estate
supervisory authority if the action concerns an immovable property.
(2) In actions of replevin with suspensory effect the statement of claim must be delivered to the
defendant without delay.

Section 3773

(1) If the court_s decision is in favor of the claim, it shall release the seized asset claimed.
(2) If the asset has already been sold, the successful party shall be compensated in the amount of
the purchase price.
(3) If the court_s decision is in favor of the claim brought by the beneficial user of an asset, this
shall have no bearing on the effect of the seizure. The asset in question may be sold only if the
beneficial right is terminated.

Section 3784
(1) In actions of replevin, if the court_s decision is in favor of the claim, the defendant may order
to cover the court costs only if he was present during the seizure and acted in bad faith.
(2) The defendant shall be liable to bear the costs of the appeal, if dismissed.

Section 3795

(1) Where an asset comprising a part of marital community was seized to cover a debt for which
only one of the spouses is liable, the other spouse may bring an action of replevin for recovering the
asset from seizure to the extent of his/her share from the marital property.
(2) In actions of replevin relating to marital community the judgment debtor (spouse of the
plaintiff) shall also be named as a defendant.

Section 3806

(1) In actions of replevin relating to marital community the court shall decide in consideration of
all marital property seized.
(2) If the court_s decision is in favor of the claim, it shall release specific seized assets sufficient
to cover the value of the claimant_s share. If the claimant cannot be satisfied fully, the asset that
cannot be divided shall be sold off also if the judgment is in favor of the claim. The aforesaid sale
shall not be carried out if the claimant pays the sum in excess of his due share to the bailiff_s
deposit account within fifteen days.
(3) Assets released from seizure shall comprise part of the individual assets of the spouse having
brought the action of replevin, while the assets unreleased shall comprise part of the individual
assets of the judgment debtor.

Section 3817

Section 380 applies to actions of replevin brought in connection with any asset in joint ownership.
8

1 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.

2 Amended by Paragraph a) of Subsection (1) of Section 73 of Act CIX of 2006.
3 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
4 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
5 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
6 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
7 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
8 Correction published in Magyar Közlöny, volume 1994/55.
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Section 3821

The enforceability of decisions rendered in actions of replevin applies to the relationship of the
plaintiff with the non-litigant debtor. They shall enforce their rights against one another in a
separate action.

Section 3832

Final decisions rendered in actions of replevin shall be delivered to the bailiff, or the real estate
supervisory authority if the action concerns an immovable property.

Action for Sufferance of Seizure3

Section 3844

If the judgment creditor brought action against a third party for the sufferance of seizure of the
judgment debtor_s any movable tangible property (JEA, Section 109),
a) in such actions no counterclaim may be filed,
b) if the third party fails to make a statement regarding the judgment debtor_s movable property
(JEA, Section 107) despite being so requested by the bailiff, he shall be liable to bear the court costs
irrespective of the outcome of the proceedings.

Action for Recovery of a Claim5

Section 3856

If the judgment creditor brought action against a third party for recovery of a claim the judgment
debtor has against the third party (JEA, Section 113),
a) in such actions no counterclaim may be filed,
b) if the third party fails to make a statement regarding the judgment debtor_s movable property
(JEA, Section 111), or fails to effect payment of the claim or to deposit the subject matter of the
claim despite being so requested by the bailiff, he shall be liable to bear the court costs irrespective
of the outcome of the proceedings.

Action for Authorization to Join the Enforcement Procedure7

Section 3868

(1) The lien holder may bring action for authorization to join the enforcement procedures if the
ruling referred to in Subsection (1) of Section 114/A of the JEA is alleged to be unlawful for the
reason that the judgment creditor contested the legal grounds and the amount of the lien as claimed
(legal grounds and the amount in the case of independent lien), and was able to substantiate his
claim.
(2) The aforesaid claim shall be decided in accordance with Subsections (1) and (2) of Section
114/A of the JEA; the court shall hear such cases in priority proceedings.

1 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.

2 Established by Section 1 of Act LII of 1994. Amended by Paragraph a) of Subsection (1) of Section 73 of Act CIX of 2006.
3 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
4 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
5 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
6 Established by Section 1 of Act LII of 1994, effective as of 1 September 1994.
7 Enacted by Subsection (3) of Section 169 of Act CXXXVI of 2000, effective as of 1 September 2001.
8 Enacted by Subsection (3) of Section 169 of Act CXXXVI of 2000, effective as of 1 September 2001.
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(3) The action shall be brought against the judgment debtor in dispute of the legal grounds or the
amount, or against the judgment creditor.
(4) The court hearing the action referred in Section 114/A of the JEA shall have exclusive
jurisdiction for hearing such cases.
(5) In such actions no counterclaim may be filed.
(6) The court may order the stay of enforcement until the claim is decided, and shall notify the
court bailiff accordingly. The provisions of Subsection (4) of Section 50 of the JEA shall apply to
the effect of stay.

PART FIVE1

HIGH PROFILE ACTIONS2

CHAPTER XXVI3

Section 386/A4
(1) The provisions of Chapters I-XIV shall apply subject to the exceptions set out in this Part to
cases falling under the competence of the general court pertaining to:5
a) the enforcement of any claim specified in Paragraph a) of Subsection (1) of Section 23, for a
sum exceeding 400 million forints calculated according to Sections 24 and 25,
b) declaratory proceedings (Section 123), where the amount at issue - if condemnation may be
requested - exceed the sum referred to in Paragraph a).
c)6 actions brought pursuant to Section 67 of Act CXCV of 2011 on Public Finances.
(2) The provisions of this Part shall not apply to the special procedures described in Chapters
XV-XXV.
(3)7 In actions opened under this Chapter legal representation is mandatory.

Section 386/B8

The relevant court of the first instance shall hear the high profile actions defined in this Chapter in
priority proceedings, even in the absence of a petition filed therefor. Priority proceedings ordered
by the court of the first instance shall apply to all stages of the proceedings, including redress and
extraordinary appeal procedures as well.

Section 386/C9
(1) In high profile actions, the court shall examine the statement of claim without delay, not later
than within eight days from the time of delivery to the court, so as to determine whether it contains
any remediable deficiencies (Section 95), whether the case should be transferred to another venue
(Section 129), or as to whether the statement of claim should be rejected without issuing any writ of
summons (Section 130), and shall take the necessary measures. The court shall schedule the first
hearing inside a sixty-day period following receipt of the statement of claim, unless this Act
provides for an earlier date relating to the first day of the time limit. The provisions pertaining to the
date of hearing shall not apply if the writ of summons is to be delivered to the party to a foreign
address, and the time required for delivery shall not permit the hearing to be held in good time.

1 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
2 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
3 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
4 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
5 Amended: by subparagraph e) Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
6 Enacted: by paragraph (1) Section 6 of Act CLXXXIX of 2012. In force: as of 15. 12. 2012.
7 Enacted: by Section 2 of Act CCV of 2011. In force: as of 31. 12. 2011.
8 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
9 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
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(2)1 The subsequent hearing shall be scheduled within two months following the date of the
hearing that was adjourned, unless:
a) a longer period is required in consequence of expert evidence, or
b) the summons ordering the party to appear before the court in person has to be delivered to a
foreign address, and consequently a longer time limit is prescribed for service of process by law.
(3)2 If:
a) the plaintiff has no permanent residence in Hungary and has presented his claim according to
regulations, and appeared before the court in the first hearing or requested the court to proceed with
the hearing in his absence, or
b) the defendant has no permanent residence in Hungary and has presented his counterclaim in
writing on the merits according to Section 139 during or before the first hearing, however, he failed
to delegate an agent for service of process for any reason, or the agent_s mandate is no longer in
effect, and the party to the proceedings cannot be summoned to the subsequent hearing from the
address previously indicated, or the issue of whether the party was duly served cannot be
determined within thirty days after the summons is dispatched according to regulations, the
document shall be delivered by way of public notice.
(4)3 Where Subsection (3) applies, the court shall appoint - at the opposing party_s request - a
guardian ad litem for the party with no permanent residence in Hungary, regardless of whether the
conditions for delegating a guardian ad litem under Subsection (3) of Section 102 apply. The
guardian ad litem appointed must be qualified to provide legal representation as well.
(5)4 Subsection (3) shall also apply where the party is summoned to appear for examination.

Section 386/D5

Where an expert is appointed under Section 177, the court shall set the deadline for the expert to
prepare an expert opinion at maximum thirty days, or up to sixty days in cases involving
particularly complex issues. In exceptional circumstances the deadline may be extended on one
occasion, by the same period originally prescribed, exclusively at the expert_s request.

Section 386/E6

In the process of hearing high profile actions, the court may set hearings for consecutive days if
deemed necessary, and if permitted and justified by the circumstances surrounding the case.

Section 368/F7

The decision of the first instance - unless the court failed to deliver it [Subsection (1) of Section
218] - must be committed to writing within not more then eight days from the time when it was
adopted, and shall be served by process within three days from the time when it was put in writing.
If the court failed to deliver a judgment, the court shall forthwith serve the judgment put in writing
to the parties present at the time of delivery, and shall indicate this in the court records, and shall
have it served to the parties absent within three days.

Section 386/G8

1 Established: by Section 3 of Act CCV of 2011. In force: as of 31. 12. 2011.

2 Enacted: by Section 3 of Act XXXII of 2012. In force: as of 14. 04. 2012.
3 Enacted: by Section 3 of Act XXXII of 2012. In force: as of 14. 04. 2012.
4 Enacted: by Section 3 of Act XXXII of 2012. In force: as of 14. 04. 2012.
5 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
6 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
7 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
8 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
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Following the conclusion of proceedings in the second instance the court shall send the
documents of the case to the court of the first instance within fifteen days. The court of the first
instance shall have the decision passed in conclusion of proceedings in the second instance
delivered to the parties by service of process within eight days of receipt of the documents at the
latest. If the court of the second instance postponed publication of the decision [Subsection (1) of
Section 218], it shall promptly make available a copy of its written decision to the parties present,
and shall enter this in the records.

Section 386/H1

(1) Where Subsection (2) or (3) of Section 213 applies, the court shall adopt an interlocutory
judgment or an interim judgment if so requested by either of the parties, and if the parties are not
required to produce any further evidence on the subject by order of the court. The court shall be
allowed to deny a motion for interlocutory judgment or interim judgment only if the conditions set
out in Subsections (2) and (3) of Section 213 are not satisfied.
(2) The court shall decide the motion for interlocutory judgment or interim judgment during the
next hearing, following the hearing when the motion was submitted. If the decision is in favor of the
motion, the court shall not adopt a formal resolution. If the motion is denied, the court shall adopt a
separate ruling that may be contested separately, however, no cross-appeal may be submitted
against the ruling of denial. The court of first instance shall forward the appeal submitted against
the ruling, together with the documents of the case, to the court of the second instance within eight
days following the deadline for appeal, and it shall be decided by the court of the second instance
within fifteen days from the time of receipt, without hearing any further arguments.
(3) The court may order the stay of the proceedings before an interlocutory judgment is adopted
concerning the claim or part of a claim, where justified by the circumstances of the case, until the
final conclusion of such case by an interlocutory judgment. Furthermore, the provisions contained
in Section 155 shall also apply to such suspensions.
(4) Where a party files a motion referred to in Subsection (1) that is clearly unfounded, or files
another clearly unfounded motion in the same action, such party shall be fined in the decision
delivered for denying the motion for interlocutory judgment or interim judgment.

Section 386/I2

In high profile actions, the petition for review under Subsection (1) of Section 272 shall be
submitted to the court having rendered the decision in the first instance within thirty days from the
time of publication of the decision, or shall be sent by registered mail containing a copy for each
party involved in the action, plus two. No application for continuation will be accepted upon failure
to meet the deadline for submission of the petition for review past thirty days from the last day of
the deadline, even if the party was unaware of having missed the deadline, or if the obstacle was not
eliminated in due time.
Section 386/J3

In high profile actions, for the purpose of deciding the dispute, the court shall not be liable to
inform the parties in advance concerning the facts for which the taking of evidence is required, on
the burden of proof, and also on the consequences of any failure of the evidentiary procedure.

Section 386/K4

The maximum amount of financial penalty to be imposed in actions under this Chapter is five
million forints.

1 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
2 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
3 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
4 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
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Section 386/L1

Section 386/M2

Instead of the provisions of Section 173, in high profile actions the following provisions shall
apply:
(1) Before questioning the witness shall be asked to state his name, place and date of birth,
mother_s name, home address, as well as his relationship to the parties, and of any bias on that
count. The witness shall answer these questions also if he can rightfully refuse to testify. If the court
did not terminate the confidential handling of the witness_ personal data, or if they are handled
confidentially at the witness_ request, the court shall ascertain the personal data of the witness from
the document containing personal identification data, record them in writing and handle them
confidentially.
(2) Next the witness shall be examined thoroughly according to the provisions of Subsection (3),
clarifying the sources of his information as well.
(3) Such examinations are supervised by the presiding judge. If proposed by the party having
requested the examination of the witness, the witness may be first examined by the party having
requested the examination of the witness, followed by the opposing party, when so requested by the
opposing party. After the parties, the presiding judge and other members of the court shall also be
entitled to ask questions from the witness.
(4) If neither of the parties have exercised the right to make the proposal referred to in Subsection
(3), the witness shall be first examined by the presiding judge, and other members of the court shall
also be entitled to ask questions from the witness. After that the party having requested the
examination shall be entitled to interrogate the witness, followed by the opposing party.
(5) Where a party asks the witness any question:
a) intended to unduly influence the witness, or that contains the answer as well,
b) that is not germane,
c) that unjustifiably reverts to the same fact,
the opposing party may raise an objection. The decision to sustain or overrule the objection lies
with the presiding judge.
(6) If the testimony given by a witness is contradictory to the testimony of another witness or any
other person heard in person, the disagreement shall be clarified by way of confrontation if deemed
necessary.

Section 386/N3

In high profile actions the time limit for impleader and for the third party_s statement (Sections
58-59) shall be fifteen days.
CHAPTER XXVI/A4

Actions Based on the Assessment of the Teljesítésigazolási Szakértői Szerv (Body of Experts for
the Certification of Compliance)5

Application of the Rules of High Profile Actions6

1 Repealed: by Section 11 of Act LXIX of 2013. No longer in force: as of 1. 06. 2013.

2 Enacted: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
3 Enacted: by paragraph (3) Section 59 of Act CCVIII of 2012. In force: as of 23. 12. 2012.
4 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
5 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
6 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
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Section 386/O1

Irrespective of the amount in dispute, any action brought before the competent district court or
general court - depending on jurisdiction - for recovering any debt arising in connection with a
design, project management or construction works contract shall be construed as a high profile
action, if the claimant uses the legal opinion of the Teljesítésigazolási Szakértői Szerv as the basis
for the action. The provisions of Chapter XXVI shall apply to these actions subject to the
exceptions set out in this Chapter.

Filing for Action2

Section 386/P3

(1) The statement of claim shall be submitted within sixty days from the date of delivery of the
expert assessment.
(2) The statement of claim shall be accompanied by the expert opinion of the Teljesítésigazolási
Szakértői Szerv, as well as documentary evidence in proof of delivery thereof. In the absence
thereof a request for remedying deficiencies may not be issued.
(3) The provisions of Section 121/A shall apply irrespective of the person of the parties. The
statement of claim shall be accompanied by a document containing the written statements of the
parties based on the expert opinion of the Teljesítésigazolási Szakértői Szerv, or underlying their
attempt to reach a settlement out of court. In the absence thereof a request for remedying
deficiencies may not be issued.
(4) No application for continuation will be accepted upon failure to meet the requirements set out
in Subsections (1)-(3), and the action shall be carried out according to the general rules. The
provisions of Section 386/R shall apply in that case as well.

Provisional Measures4

Section 386/Q5

(1) Under the conditions defined in Subsection (2) the court shall - upon request - impose
provisional measures so as to satisfy the amount demanded in the claim (counterclaim), or in the
request for provisional measures up to four hundred million forints, where the sum awarded
represents with absolute certainty the contractual value of design, project management and
construction works relying on the expert opinion rendered by the Teljesítésigazolási Szakértői
Szerv.
(2) The request may be granted if the applicant provides proof in the eventuality if the provisional
measure is abolished or if the ruling ordering the provisional measure is withdrawn:
a) that he has obtained insurance cover or bank guarantee, or a guarantee from other sources
sufficient to repay the amount of the claim, or
b) of having placed funds sufficient to cover the claim in the care of the presiding judge of the
court seised.
(3) The court shall take a decision on the request for provisional measures relying on the
documents available, without hearing the parties. The request shall be accompanied by
documentary evidence in proof of the requirements set out in Subsection (2). In the absence thereof
a request for remedying deficiencies may not be issued. An application for continuation shall not be
accepted.

1 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
2 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
3 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
4 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
5 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
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(4) The court shall ex officio monitor compliance with the insurance or guarantee requirement
under Subsection (2) at any point in the process. The court shall withdraw its ruling ordering the
provisional measures if the party fails to verify compliance with the said requirements when so
requested.
(5) If the provisional measure is abolished or if the court withdraws the ruling ordering the
provisional measure, the funds placed in deposit shall be returned.

Experts1

Section 386/R2

(1) The expert opinion of the Teljesítésigazolási Szakértői Szerv given in a legal issue arising in
the course of litigation shall be admissible as means of proof, as if it was provided by an expert
appointed for the litigation on hand.
(2) The court may summon the chairperson of the panel of experts to appear in the hearing; the
expert may be questioned according to Subsection (1) of Section 180 and Section 182. The party - if
it appears feasible for the purpose of taking of evidence - may motion to have another expert
appointed.
(3) Section 187 shall apply concerning the bearing of the costs of experts incurred in connection
with the action.
(4) The other expert referred to above may not be a person who has been actively involved in
forming the opinion of the panel of the Teljesítésigazolási Szakértői Szerv, as a member, pertaining
to the litigation on hand, or if served as the head of the Teljesítésigazolási Szakértői Szerv in
rendering the expert opinion.

Change of Action and Counterclaim 3

Section 386/S4

Sections 146/A and 147/A shall apply irrespective of the amount in dispute.

Provisional Enforceability5

Section 386/T6

The judgment shall be declared enforceable notwithstanding any appeal as regards the award of
the claim representing the contractual value of design, project management or construction works
up to four hundred million forints, where the award covers the sum specified in the expert opinion
of the Teljesítésigazolási Szakértői Szerv (in part or in whole) in the form of a decision ordering
payment of money.

Electronic Communication7

Section 386/U8

1 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
2 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
3 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
4 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
5 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
6 Enacted: by paragraph (1) Section 13 of Act XXXIV of 2013. In force: as of 1. 09. 2013.
7 Established by Section 7 of Act CLXXX of 2015, effective as of 1 January 2016.
8 Established by Section 7 of Act CLXXX of 2015, effective as of 1 January 2016.
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(1)1 In lawsuits all pleadings and their enclosures - recognized as legal instruments - shall be
submitted by way of electronic means. Statements made in pleadings and enclosures submitted by
means other than electronic shall be deemed invalid.
(2) In lawsuits the provisions of Sections 394/C-394/M shall apply to electronic communication.
(3) If the action is to be carried out according to the general rules pursuant to Subsection (4) of
Section 386/P, the provisions set out in Chapter XXVIII shall apply to electronic communication.

PART SIX2

SMALL CLAIMS PROCEDURES 3

CHAPTER XXVII4

Application of General Rules5

Section 3876

(1)7 The provisions of Chapters I-XIV shall apply - subject to the exceptions set out in this Part -
to actions for the enforcement of any claim of a pecuniary nature only, falling within the
competence of district courts, for a sum not exceeding one million forints calculated by way of the
methods specified in Sections 24 and 25 - other than the actions described in Subsection (4) of
Section 349 -, where the action was transferred from an order for payment procedure on account of
a statement of opposition, or which normally ensue order for payment procedures under Subsection
(2) of Section 315 (small claims procedures).
(2) As regards the applicability of small claims procedures, the value of the claim existing at the
time of submission of the application for an order for payment procedure shall apply.
(3) In the case of change of action, where the claim no longer falls in the category of small claims
procedures, the action shall be decided according to the general provisions. All acts and statements
made previously shall remain in effect, and the legal rights and obligations that may be exercised or
fulfilled subject to a time limit under the relevant provisions of small claims procedures may be
exercised according to the general provisions, even if the time limit specified by the provisions of
small claims procedures have already expired.
(4) The provisions of small claims procedures shall not apply, if the documents of the case are to
be delivered by way of public notification, or if the court has appointed a guardian ad litem for
either of the parties. Furthermore, the provisions of small claims procedures shall not apply if the
parties requested - in a joint application - to have the case decided according to the general
provisions. In these cases the second sentence of Subsection (3) shall apply.

Hearing8

1 Established by Section 4 of Act XL of 2016, effective as of 1 July 2016.

2 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Numbering amended: by
paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
3 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009.
4 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Numbering amended: by
paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
5 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009.
6 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
7 Established by Subsection (7) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009. Amended: by subparagraph a) paragraph (14) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
8 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
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Section 3881

(1)2 Where an action is lodged subsequently on account of a statement of opposition the court
shall communicate the plaintiff_s argument and the evidence he has presented to support the
relevant facts of the case [Subsection (1) of Section 318] to the defendant not later than in the writ
of summons issued for the hearing. In the writ of summons issued for the hearing the court shall
advise the parties that the case will be decided in accordance with the provisions of this Part. The
court shall, furthermore, inform them concerning their obligation to appear and make statement, as
well as on the legal consequences for failure to meet certain procedural time limits - in particular
the deadlines for filing a request for the performance of taking of evidence, for making changes in
the claim, for lodging a counterclaim or an objection to offsetting.
(2)3 Where an action is lodged subsequently on account of a statement of opposition, the hearing
shall be scheduled to put the first day of the hearing within forty-five days from the time when the
documents submitted by the claimant - and referred to in Subsection (1) of Section 318 - are
delivered to the court, or if the documents folder from the notary public is delivered to the court in
delay, from the time of receipt thereof, or within sixty days from the time when the statement of
claim is delivered to the court in the actions brought according to Subsection (2) of Section 315.
(3)4 In small claims procedures the time limit for third-party notice and for the third party_s
statement (Sections 58 and 59) shall be eight days.

Section 3895

(1) The first day of the hearing shall mean that day in court to which the court has adjourned the
hearing before the defendant has presented his counterclaim on the merits (Section 139).
(2) The party shall be able to present his motions for the performance of taking of evidence on or
before the first day of the hearing, unless otherwise provided for in Subsections (3)-(6).
(3) In the event of any changes made in the claim, or where a counterclaim is filed, the party shall
be entitled to file a motion for the taking of evidence relating to the right to which the changed
claim or the counterclaim pertains during the day in court when the claim was changed or the
counterclaim was filed, or if it took place between two days in court, on the following day in court.
If the court set a time limit for the defendant (defendant of the counterclaim) to prepare for the
hearing, the defendant shall present his motions aimed at the performance of taking of evidence
within this time limit. These provisions shall also apply to cross-examination as well.
(4) Where an objection to offsetting has been presented, a motion for the taking of evidence
relating to the claim intended to be set off shall be submitted together with the objection. This
provision shall also apply to cross-examination as well.
(5) The party may present his request for the performance of taking of evidence any time during
the hearing, subject to the opposing party_s consent, except if the request for the performance of
taking of evidence is submitted in delay for reasons within the party_s control, or if the request is
presented contrary to good faith.
(6) The party shall be entitled to present his request for the performance of taking of evidence
before the hearing preceding the giving of judgment in the first instance is adjourned, even if he
presents any fact or evidence, or any binding court or other official decision which he was unaware
of before the deadline normally prescribed for the presentment of such motion without any fault on
his part, or if he has learned about the decision becoming definitive after this deadline, and if he is
able to produce credible proof to that effect.
(7) The court shall ignore any request for the performance of taking of evidence if it is filed in
violation of the provisions set out in this Section.

1 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
2 Established by Subsection (8) of Section 62 of Act L of 2009, effective as of 1 June 2010. See Subsection (6) of Section 61 of
Act L of 2009.
3 Established: by Section 83 of Act CLXXX of 2011. In force: as of 15. 03. 2012.
4 Enacted by Subsection (3) of Section 18 of Act LXXI of 2015, effective as of 1 July 2015.
5 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
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Consequences for Failure to Appear at the Hearing1

Section 3902

(1) A statement of opposition lodged against an order for payment procedure shall not preclude
the issue of a court order.
(2)3 In the event of any failure to appear in a subsequent hearing, the court may postpone the
hearing only in exceptional and justified cases, while setting a new day in court at the same time, or
- failing this - shall adjourn the hearing and render its decision relying on the information on hand.
(3)4 The court shall dismiss the action in the case covered by Paragraph b) of Subsection (1) of
Section 137.

Subsequent Hearing5

Section 3916
If not precluded by the circumstances of the case, the day of the subsequent hearing shall be set
within a period of thirty days from the day of the adjourned hearing.

Change of Action7

Section 391/A8

(1) The plaintiff shall be allowed to make changes in his claim on one occasion only after the
defendant_s counter-plea is presented on the merits, during the first hearing. After that time the
defendant_s consent is required for the plaintiff to make any changes in his claim before the time
when the hearing preceding the giving of judgment in the first instance is adjourned.
(2) The court may, in justified cases, authorize the plaintiff to make any changes in his claim in
writing, after the first hearing, not later than during the first third of the time period available until
the subsequent hearing without the consent of the defendant, if having requested time for
preparation during the first hearing. The revised claim shall be delivered to the defendant by service
of process on or before the eighth day preceding the subsequent hearing.
(3) The plaintiff shall be allowed to make changes in his claim before the hearing preceding the
giving of judgment in the first instance is adjourned without the consent of the defendant, if he
presents any fact or evidence, or any binding court or other official decision of which he was
unaware before the deadline normally prescribed for the presentment of such motion without any
fault on his part, or if he has learned about the decision becoming definitive after this deadline, and
if he is able to produce credible proof to that effect.
(4) The provision contained in Subsection (1) shall not preclude the party:

1 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
2 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
3 Established by Subsection (1) of Section 7 of Act LXVIII of 2009, effective as of 1 January 2010. Applies to cases opened
subsequently.
4 Established by Subsection (1) of Section 7 of Act LXVIII of 2009, effective as of 1 January 2010. Applies to cases opened
subsequently.
5 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
6 Established by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
7 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
8 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
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a) to demand another thing instead of the asset originally claimed due to subsequent changes, or
to demand compensation for damages;
b) to motion for the same sanction based on the same legal relationship;
c) to increase or reduce his claim, or to extend the claim to ancillary costs not originally
demanded, and/or to any installment of any claim or ancillary costs falling due during the hearing;
d) to request performance in lieu of declaration, or vica versa (Section 123);
beyond the time limit referred to in Subsection (1), without the defendant_s consent.
(5) The court shall decide to disregard the changes made in the claim under Subsection (4), if it is
evident that the plaintiff submitted it in delay with an intent to hamper the proceedings.
(6) The provisions contained in Subsections (1)-(3) and (5) shall also apply to the extension of the
claim under Section 51 to the defendants not originally involved in the case, as well as to
interpleaders [Sections 58 and 63, and Subsection (1) of Section 64].

Counterclaim1

Section 391/B2

(1) The defendant may file a counterclaim against the plaintiff, without his consent, during the
first hearing. After that time, the defendant may lodge a counterclaim against the plaintiff before the
time when the hearing preceding the giving of judgment in the first instance is adjourned, subject to
the plaintiff_s consent.
(2) The court may, in justified cases, authorize the defendant to lodge a counterclaim in writing
after the first hearing, not later than during the first third of the time period available until the
subsequent hearing without the consent of the plaintiff, if having requested time for preparation
during the first hearing. The counterclaim shall be delivered to the plaintiff by service of process on
or before the eighth day preceding the subsequent hearing.
(3) If the plaintiff made any changes in his claim with the defendant_s consent or under
Subsection (3) of Section 391/A, the defendant may lodge a counterclaim without the plaintiff_s
consent. The time limit for bringing such counterclaim shall be governed by the first sentence of
Subsection (1), and by Subsection (2), on condition that first hearing shall mean the hearing during
which the plaintiff made the changes in his claim, or the next day in court if the claim was altered in
between hearings.
(4) The court shall dismiss the counterclaim by way of a ruling without hearing any arguments as
to the merits of the case, if it is evident that the party submitted it in delay with an intent to hamper
the proceedings.
(5) The court shall dismiss the counterclaim by way of a ruling without hearing any arguments as
to the merits of the case, if filed non-exclusively for pecuniary claims, or filed for pecuniary claims
valued over one million forints calculated according to Sections 24 and 25.
Objection to Offsetting3

Section 391/C4

(1) In small claims procedures an objection to offsetting may be filed after the first hearing only
if:
a) the claim requrested to be satisfied by way of offsetting is recognized by the opposing party;
b) the claim requrested to be satisfied by way of offsetting can be verified by means of an
authentic instrument or a private document of full probative force;
1 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
2 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
3 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
4 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
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c) the claim requested to be satisfied by way of offsetting expired after that time; or
d) the party gained knowledge as to the existence or expiration of the claim after that time, and if
he is able to substantiate it.
(2) The court may, in justified cases, authorize the party to lodge an objection to offsetting in
writing after the first hearing, without the restrictions set out in Subsection (1), not later than during
the first third of the time period available until the subsequent hearing without the consent of the
plaintiff, if he has requested time for preparation during the first hearing. The objection to offsetting
shall be delivered to the opposing party by service of process on or before the eighth day preceding
the subsequent hearing.

Decisions of the Court1

Section 391/D2

The judgment, following the operative part, shall offer information as to the mandatory layout of
the appeal that is to be decided according to Sections 392-394, including the sanctions for
non-compliance.
Appeals in Small Claims Procedures3

Section 3924

(1) An appeal may be submitted upon any significant violation of rules of procedure of the first
instance or upon the wrongful application of any legislation underlying the decision on the merits of
the case.
(2) In the application of Subsection (1), material violation of the rules of procedure shall mean
any violation that had an impact on the decision on the merits of the case.
(3) No application for continuation with justification may be submitted after sixty days following
the last day of the missed time limit for appeal, even if the party was unaware of having missed the
deadline, or if the obstacle was not eliminated in due time.
(4)5 In proceedings of the second instance the action described in Paragraph a) of Subsection (5)
of Section 146 shall not apply and no new fact or evidence may be presented. This prohibition shall
not apply if the action described in Paragraph a) of Subsection (5) of Section 146 or presenting the
evidence during the proceeding of the first instance was prevented by the court_s violation of
procedural rules or wrongful application of legal regulations.
(5)6 In proceedings of the second instance Paragraphs b)-d) of Subsection (5) of Section 146 shall
apply - if it would entail the performance of taking of evidence - only if circumstances underlying
the change of action occurred after the hearing was adjourned. This prohibition shall not apply if the
performance of taking of evidence is normally permitted under Subsection (4).
(6) If an objection to offsetting can be submitted, the prohibition contained in Subsection (4) shall
not apply in rendering a decision.

Section 3937

1 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
2 Enacted by Subsection (1) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
3 Enacted under Subsection (2) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
4 Established under Subsection (2) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
5 Established: by paragraph (1) Section 35 of Act LXVII of 2011. In force: as of 29. 06. 2011.
6 Established: by paragraph (1) Section 35 of Act LXVII of 2011. In force: as of 29. 06. 2011.
7 Established under Subsection (2) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
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(1) The presiding judge shall dismiss the appeal of his own motion upon deliberating as to the
necessity of the measures specified in Sections 240-242 if the appeal - taking also into consideration
of what is contained in Subsections (5) and (6) of Section 392 - fails to indicate the grounds referred
to in Subsection (1) of Section 392. The appeal shall not be dismissed for this reason if the appellant
indicates which specific act of the proceedings leading to the judgment in the first instance he finds
unlawful, and/or which right or legitimate interest the judgment is alleged to violate in his view.
(2) The court of the second instance shall decide on the merits of the case without a formal
hearing, however it shall hold a hearing if so requested by either party.
(3) A request for hearing shall be made by the appellant in the appeal, or within eight days of
receipt of the opposing party_s cross-appeal, and by the opposing party of the appelant within eight
days of receipt of the appeal. Applications for continuation upon failure to meet this time limit are
governed by Subsection (3) of Section 392.

Section 3941

(1) If the judgment rendered by the court of the first instance is found to comply with the relevant
legislation, or if any breach of procedural regulations has occurred, which had no impact on the
merits of the case, the court of the second instance shall sustain the judgment of the court of the first
instance.
(2) In the event of any significant violation of the rules of procedure the court of the second
instance shall decide according to Section 252.
(3) If the judgment violates any substantive law, and the facts required for the decision can be
ascertained, the court shall have powers to reverse the unlawful decision - in any case within the
framework of the appeal (cross-appeal) and the counter-appeal -, or shall abolish the unlawful
decision in whole or in part, and shall instruct the competent court of the first or second instance to
reopen the case and to render a new decision.

Section 394/A2

The provisions of Sections 392-394 shall not apply to appeals lodged against rulings. The
provisions of Sections 392-394 shall not apply to appeals lodged against judgments either, if the
case pertained maintenance and other similar periodic provisions.

PART SEVEN3

USE OF ELECTRONIC COMMUNICATION AND CLOSED-CIRCUIT

TELECOMMUNICATIONS NETWORK IN CIVIL ACTIONS4

CHAPTER XXVIII5

Rules of Electronic Communication6

1 Established under Subsection (2) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
2 Enacted under Subsection (2) of Section 49 of Act XXX of 2008, effective as of 1 January 2009. Applies to cases opened
subsequently.
3 Enacted by Section 11 of Act LII of 2009, effective as of 1 January 2010. Numbering amended: by paragraph (2) Section 24 of
Act LXXXIX of 2011. In force: as of 13. 07. 2011.
4 Enacted by Section 11 of Act LII of 2009. Title established by Section 8 of Act CLXXX of 2015, effective as of 4 December
2015.
5 Enacted by Section 11 of Act LII of 2009, effective as of 1 January 2010. Numbering amended: by paragraph (2) Section 24 of
Act LXXXIX of 2011. In force: as of 13. 07. 2011.
6 Title enacted by Section 9 of Act CLXXX of 2015, effective as of 4 December 2015.
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Electronic Communication with Parties1

Section 394/B2

(1)3 In civil actions, and also where so prescribed by law in connection with other civil
proceedings, the party or his counsel shall have the option to submit - with the exceptions set out in
Subsection (3) - the statement of claim, as well as all other submissions and documentary evidence
and their enclosures (for the purposes of this Chapter hereinafter referred to collectively as
_pleadings") by way of electronic means. Where pleadings are permitted by this Act to be
submitted on a data storage device, in the application of this Chapter they shall be treated as
submitted electronically.
(2)4 If having opted to use electronic means as provided for in Subsection (1), in the proceedings
the party or his counsel shall maintain communications with the court electronically, including each
stage of the proceedings and extraordinary appeal cases - and the court shall deliver all judicial
documents to the party also electronically. Where pleadings are submitted electronically it shall be
construed as commitment to use electronic means as provided for in Subsection (1). The party or his
legal counsel may submit to the acting court notice for maintaining communications by way of
electronic means at any stage of the proceedings.
(3)5 The court shall deliver judicial documents to the party on paper, if the party is represented by
counsel and the document has to be delivered to the party rather than to the counsel, or if it cannot
be delivered to the counsel. The court shall advise the party of his option to maintain
communication with the court by way of electronic means. If the party refused to use electronic
service of process, however, electronic service of process is mandatory for the other party, or the
other party did agree to use electronic service of process, the court shall digitalize the official
documents the party has submitted on paper and deliver it to the other party electronically.
(4)6
(5)7 The court shall deliver to the defendant any statement of claim that was submitted by
electronic means in the form of a paper-based document prepared in compliance with the relevant
legislation. The court shall advise the defendant of the option to submit his statement of defense,
counterclaim or other statement by way of electronic means, or to have them submitted
electronically if so required by law.
(6) If the party has opted to maintain communication by way of electronic means, an exemption
from the requirement of submission by way of electronic means shall apply if in the procedure for
taking evidence the document is to be presented on paper; this shall apply, in particular, if, due to
the large quantities of documentary evidence that was originally submitted on paper, digitization
would impose unreasonable hardship, or if the authenticity of the paper-based document is disputed.
The court may order submission on paper of its own motion or at the party_s request.
(7) If a party without legal counsel agreed to use electronic means as the means of communication
with the court, he may subsequently request the court_s authorization to revert to paper-based
documents, while presenting the submission on paper. The party without legal counsel shall
establish in the request the occurrence of subsequent major changes in his circumstances whereby
maintaining electronic communication would bring unreasonable hardship upon him.
(8) If switching to paper-based communication is authorized no special ruling is required,
however, if the request is denied, the court shall adopt a ruling and shall deliver this ruling to the
party on paper. If the above-specified request is denied, pleadings lodged on paper in accordance
with Subsection (7) shall be construed admissible, and shall not be submitted by way of electronic
means.

1 Title enacted by Section 10 of Act CLXXX of 2015, effective as of 4 December 2015.

2 Established: by paragraph (8) Section 1 of Act CCXI of 2012. In force: as of 31. 12. 2012.
3 Established by Subsection (1) of Section 5 of Act XL of 2016, effective as of 1 July 2016.
4 Established by Subsection (4) of Section 18 of Act LXXI of 2015, effective as of 1 July 2015.
5 Established by Section 11 of Act CLXXX of 2015, effective as of 4 December 2015.
6 Repealed by Paragraph a) of Subsection (1) of Section 24 of Act CLXXX of 2015, effective as of 4 December 2015.
7 Established by Subsection (2) of Section 5 of Act XL of 2016, effective as of 1 July 2016.
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(9) If the request for switching to paper-based communication is denied, another request on the
same grounds may not be submitted, however, if a new request for switching to paper-based
communication is submitted nonetheless, the court shall refuse it without any examination as to
substance. If the request submitted by a party without legal counsel for switching to paper-based
communication is manifestly unfounded, a financial penalty may be imposed in the resolution of
refusal (Section 120).
(10)1 The predecessor_s agreement to use electronic service of process shall not apply to the
successor of the party without legal counsel, or that paper-based delivery is in effect.

Section 394/C2

(1) In civil actions - and if so prescribed by law in respect of other civil proceedings - the
following provisions shall apply as of 1 January 2016.
(2)3 Subject to the exceptions set out in Subsections (10)-(12):
a) economic operators established in Hungary (for the purposes of this Chapter hereinafter
referred to as _domestic economic operator") shall submit to the court their pleadings and all other
documentary evidence by way of electronic means only, using the form submission support service,
and the court shall make deliveries to the domestic economic operator by way of electronic means
as well;
b) if a domestic economic operator is involved in the proceedings as the defendant, the court shall
make all deliveries to this economic operator by way of electronic means, and the domestic
economic operator shall submit all pleadings and documentary evidence by way of electronic means
only, using the form submission support service;
c) if the party is represented by counsel, the legal counsel shall submit statements of claim, as
well as all other pleadings and documentary evidence to the court by way of electronic means only,
using the form submission support service, and the court shall deliver all official documents to the
legal counsel electronically as well.
(3)4 Domestic economic operators, if not represented by counsel, shall have the option to submit
statements of claim, and all other pleadings and documentary evidence using the support protocol
with facilities for the positive identification of its representative and the form submission support
service, where this is available. In that case they shall continue to conduct electronic
communication in this manner throughout the course of the action.
(4)5 The administrative body, if not treated as a domestic economic operator and if acting in a
case other than an administrative action, shall submit to the court statements of claim, and all other
pleadings and documentary evidence by way of electronic means only, and the court shall deliver
all official documents to the administrative body electronically as well. In the case of electronic
processing, the administrative body - if not represented by counsel - shall have the option to use the
support protocol with facilities for the positive identification of the administrative body and the
form submission support service. In that case they shall continue to conduct electronic
communication in this manner throughout the course of the action.
(5)6 The public prosecutor, in the lawsuits he brings under this Act or specific other act, including
actions brought against the public prosecutor, shall submit to the court the statement of claim, and
all other pleadings and documentary evidence using the support protocol for submission of the form
with facilities for the identification of the Prosecutor General, and the court shall make deliveries to
the public prosecutor electronically as well.
(6) For the purposes of this Chapter, the persons referred to in Subsections (1) and (2) of Section
73/C shall be construed as legal counsels.

1 Enacted by Subsection (5) of Section 18 of Act LXXI of 2015, effective as of 1 July 2015.
2 Established by Section 12 of Act CLXXX of 2015, effective as of 4 December 2015.
3 Established by Section 6 of Act XL of 2016, effective as of 1 July 2016.
4 Established by Section 6 of Act XL of 2016, effective as of 1 July 2016.
5 Established by Section 6 of Act XL of 2016, effective as of 1 July 2016.
6 Amended by Paragraph b) of Section 14 of Act XL of 2016.
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(7)1 In the application of this Chapter the legal counsel shall function as the representative of the
domestic economic operator. If the domestic economic operator is not represented by counsel, the
legal representative or the registered legitimate representative shall function as representative; in the
case of private entrepreneurs, the private entrepreneur himself shall be construed as representative.
(8)2 If the right of representation of an domestic economic operator_s representative ceases, the
new representative shall verify his authorization at the time of submission of the first motion.
(9) Where a party is not personally required to communicate by way of electronic means, such
party_s withdrawal of authorization of representation may be submitted either electronically or on
paper. If the party notifies the withdrawal of legal representation by way of electronic means, it
shall be construed as the party_s agreement to maintain electronic communication in accordance
with Subsection (1) of Section 394/B, even if legal counsel will no longer be retained.
(10) Where a party is represented by counsel, however, he is not personally required to
communicate by way of electronic means, such party_s withdrawal of authorization for
representation may be submitted on paper as well. At the time of withdrawal of authorization for
representation the party shall make known his intention whether or not to retain legal counsel in the
future. If the party is represented by counsel after the withdrawal of authorization for representation,
at the time of withdrawal of authorization the party shall submit the new legal counsel_s power of
attorney following submission of the statement of withdrawal. In the interest of establishing
electronic access, the new legal counsel shall contact the court by way of electronic means within
fifteen days following the time of delivery of the party_s statement, and shall submit his power of
attorney in digitized form. In the event of failure to establish contact, the court shall impose a fine
upon the new legal counsel.
(11) The court shall deliver the statement of claim to the defendant in paper copy. At the time of
delivering the statement of claim, the court shall advise the defendant, if required to communicate
electronically, that all pleadings and documentary evidence may be submitted by way of electronic
means only, and inform the claimant on the legal consequences if making any pleadings by means
other than electronic means. In the case under Subsection (1) of Section 58 responsibility for
conveying the information about the above-specified obligation lies with the interpleading party
towards the third party.
(12) An exemption from the requirement of submission of documentary evidence by way of
electronic means applies if the document required by the court is to be presented on paper. This
shall apply, in particular, if, due to the large quantities or unique form of paper-based documentary
evidence that was originally submitted on paper, digitization would impose unreasonable hardship,
or if the authenticity of the paper-based document is disputed. The court may order submission on
paper of its own motion or at the party_s request.

Electronic Communication with Experts3

Section 394/D4
(1)5 The provisions of this Section shall apply before 30 June 2015 only to civil actions falling
within the competence of general courts in the first instance, if opened after 1 January 2013. After 1
July 2015 the provisions of this Section shall also apply to civil actions opened past that time before
district courts.
(2) Where an expert has agreed to use electronic communication, as shown in the register of
forensic experts, such expert shall notify to the Országos Bírósági Hivatal (National Office for the
Judiciary) his designated contact information, and shall also inform the Országos Bírósági Hivatal
of his decision to quit using electronic communication.

1 Amended by Paragraph c) of Section 14 of Act XL of 2016.

2 Amended by Paragraph c) of Section 14 of Act XL of 2016.
3 Title established by Section 13 of Act CLXXX of 2015, effective as of 4 December 2015.
4 Established: by paragraph (9) Section 1 of Act CCXI of 2012. In force: as of 31. 12. 2012.
5 Amended by Paragraph c) of Subsection (1) of Section 1 of Act CCXLIII of 2013.
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(2a)1 Public entities, institutions or bodies not listed in the register of forensic experts, but
authorized by specific other legislation to perform expert services may agree to maintain electronic
communication by sending their respective contact information to the Országos Bírósági Hivatal
(National Office for the Judiciary). If a public entity, institution or body not listed in the register of
forensic experts, but authorized by specific other legislation to perform expert services agrees to
maintain electronic communication, the provisions of this Chapter on experts shall apply in respect
of such electronic communication.
(3) Where an expert has agreed to use electronic communication, in civil proceedings such expert
shall submit all pleadings, including expert assessments, the preliminary action plan and the
schedule of charges, - subject to the exception set out in Subsection (4) - to the court by way of
electronic means. The expert, if agreed to maintain electronic communication and if the necessary
technical means are available, shall digitize the document if incorporated into his assessment. In
this case, the expert may not be required to send submissions which have already been presented to
the court, to the parties and other litigants on paper.
(4) The court - in exceptional and justified cases - may authorize an expert, upon request, to
submit his expert assessment (or a part of such assessment) on paper also where electronic
communication is used.
(5) Where both parties to the action agreed to use electronic communication, the court - subject to
the exception set out in Subsection (6) - shall make all deliveries of judicial documents to the expert
referred to in Subsection (2) also by way of electronic means. Where paper-based communication is
used by both parties, or by one of the parties, the court shall have the option to make deliveries to
the expert either on paper or electronically.
(6)2 The court shall make available to the expert any judicial documents, including enclosures, on
paper or data medium if due to the large quantities of paper-based documentary evidence involved,
digitization would impose unreasonable hardship or would be impossible, or if the authenticity of
the paper-based document is disputed. Where a judicial document sent by the court by way of
electronic means contains any enclosure under this Subsection attached, the time limit shall be
calculated from the time when the attachment is received.
(7)3 If the expert employs paper-based communication, the court may order such expert to submit
his assessment on a data storage device as well, if it has to be delivered to a party who uses
electronic communication. The expert shall be liable to ascertain that the paper-based assessment is
identical to the document submitted on a data storage device as to content. If the expert employs
paper-based communication and is advised by the court to submit his assessment on a data storage
device, Subsection (7) of Section 394/G shall not apply.

Electronic Communications of the Court with Other Courts and with Administrative Bodies
and Other Authorities4

Section 394/E5
(1)6 Electronic communications between courts, and between the court and administrative bodies
and other authorities shall be governed between 1 January 2011 and 31 December 2015 by the
following provisions:7
a) the court shall have the option to deliver official documents to other courts and to
administrative bodies and other authorities electronically;
b) the court, administrative body or other authority contacted by way of electronic means may
respond by way of electronic means.

1 Enacted by Section 14 of Act CLXXX of 2015, effective as of 4 December 2015.

2 Amended by Paragraph d) of Section 15 of Act XL of 2016.
3 Established by Section 7 of Act XL of 2016, effective as of 1 July 2016.
4 Title established by Section 15 of Act CLXXX of 2015, effective as of 4 December 2015.
5 Established by Subsection (6) of Section 3 of Act LIX of 2010, effective as of 29 June 2010.
6 Established by paragraph (10) Section 1 of Act CCXI of 2012. Amended by Paragraph d) of Subsection (1) of Section 1 of Act
CCXLIII of 2013.
7 Amended by Paragraph f) of Subsection (8) of Section 18 of Act LXXI of 2015.
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(2)1 As regards electronic communications between courts, and between the court and
administrative bodies and other authorities, after 1 January 2016 the court shall deliver official
documents to other courts and to administrative bodies and other authorities by way of electronic
means only, and those other courts, administrative bodies and other authorities shall make deliveries
also by way of electronic means using the support protocol for submission of the form with
facilities for identification. An exemption from the requirement of submission by way of electronic
means applies if the document required by the court is to be presented on paper; this shall apply, in
particular, if, due to the large quantities of paper-based documentary evidence that was originally
submitted on paper, digitization would impose unreasonable hardship, or if the authenticity of the
paper-based document is disputed.

Rules of Electronic Communication2

Section 394/F3

(1) The court shall be able to provide regulated electronic administration services under Act
CCXXII of 2015 on the General Rules for Trust Services for Electronic Transactions (hereinafter
referred to as _E-government Act") and the government decree implementing it, in accordance with
the provisions contained therein, or may receive the central electronic administration services
therein provided for, and the services provided for in the E-government Act and the government
decree implementing it, as well as central electronic administration services from service providers
registered by the Supervisory Authority for Electronic Procedures, as covered therein.
(2) As regards electronic communication Sections 12, 20 and 57, Sections 101-103, and Chapters
VII, VIII and XIV of the E-government Act shall apply until 31 December 2017.

Section 394/G4

(1)5 In civil cases, if communication is maintained by way of electronic means (Section 321/A,
Section 340/B, Section 341/J, Sections 394/B-394/E), the provisions of Subsections (2)-(10) hereof
and Sections 394/H-394/M shall also apply.
(2)6 The Országos Bírósági Hivatal (National Office for the Judiciary) shall communicate with
courts through a designated IT system (hereinafter referred to as _Judiciary Office network") so as
to maintain contact at all times via a network designed to provide delivery services (hereinafter
referred to as _system for the service of documents"), and the Országos Bírósági Hivatal and the
court shall be entitled to process the data it has received with a view to maintaining communication
between the courts and:
a)7 if electronic communication is mandatory, the legal counsel, the domestic economic operator,
the administrative body, the public prosecutor and the notary,
b) if electronic communication is optional, and it is chosen by the party, his representative or the
expert, the party or his representative, and the expert
[Paragraphs a) and b) hereinafter referred to collectively as _party maintaining electronic
communication").
(3)8 The court shall deliver judicial documents to parties maintaining electronic communication
through the Országos Bírósági Hivatal, by way of the system for the service of documents.

1 Established by Section 16 of Act CLXXX of 2015. Amended by Paragraph b) of Section 14 of Act XL of 2016.
2 Enacted by Section 15 of Act CXVII of 2012. Title amended by Paragraph b) of Section 23 of Act CLXXX of 2015.
3 Established by Subsection (3) of Section 1 of Act CXXI of 2016, effective as of 1 January 2017.
4 Enacted: by paragraph (11) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
5 Established by Section 17 of Act CLXXX of 2015, effective as of 4 December 2015.
6 Established by Section 17 of Act CLXXX of 2015, effective as of 4 December 2015.
7 Amended by Paragraph c) of Section 14 of Act XL of 2016.
8 Amended by Paragraph d) of Section 23 of Act CLXXX of 2015.
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(4)1 The court shall execute documents received through the system for the service of documents
by electronic seal as provided for in Regulation (EU) No. 910/2014 of the European Parliament and
of the Council of 23 July 2014 on electronic identification and trust services for electronic
transactions in the internal market and repealing Directive 1999/93/EC. Documents prepared by the
court and executed by electronic seal shall be treated as authentic instruments.
(5)2 Pleadings and the related enclosures intended for the court shall be submitted through the
Országos Bírósági Hivatal, by way of the system for the service of documents. Parties maintaining
electronic communication shall dispatch their pleadings and enclosures executed by means of a
qualified electronic signature or an advanced electronic signature based on a qualified certificate or
seal, or by means of document certification with regress to identification to the court by way of the
system for the service of documents. Parties maintaining electronic communication shall dispatch
their pleadings to the court with the electronic signature encrypted using the cryptographic key
made available by the court. The party maintaining electronic communication, attached to his
submission, may send to the court his cryptographic key, in which case the court shall dispatch
judicial documents to the party maintaining electronic communication using that party_s
cryptographic key.
(6)3 The party maintaining electronic communication shall dispatch pleadings using the standard
form prescribed by the president of the Országos Bírósági Hivatal, where applicable. If there is no
standard form prescribed for pleadings and enclosures, the party maintaining electronic
communication shall dispatch pleadings and enclosures using either of the file formats approved by
the president of the Országos Bírósági Hivatal. The president of the Országos Bírósági Hivatal shall
publish on the Website the approved file formats.
(7)4 The President of the Országos Bírósági Hivatal shall introduce a standard form to be used for
submissions on data storage devices. The party maintaining electronic communication shall enter on
the form the particulars of the parties and their representatives, the act at issue, and shall indicate
the format of the data storage device and the number of such devices to be submitted. The data
storage device shall be submitted to the court in person or by post at the latest within three working
days from the time of delivery to the court - as provided for in Subsection (2) of Section 394/H - of
the acknowledgement of acceptance to the party maintaining electronic communication. The party
or his representative shall execute the data storage device by means of a qualified electronic
signature or an advanced electronic signature based on a qualified certificate, or his electronic seal,
or shall authenticate the documents therein contained by means of document certification with
regress to identification. The party maintaining electronic communication shall indicate in the file
contained on the data storage device the receipt number assigned to the pleading received via the
system for the service of documents. The court shall send notice to the party maintaining electronic
communication verifying receipt of the data storage device by an automated reply system. At the
time shown in the notice on the acknowledgement of receipt of the form by the court the submission
shall be considered delivered to the court. If the data storage device is submitted in violation of the
above provisions, the legal statement made on the data storage device or the procedural step carried
out shall be of no effect.
(8)5 The Országos Bírósági Hivatal shall make available the standard forms on its website. The
website shall indicate the date of posting of the standard forms. From that date of posting use of the
standard forms is mandatory.

1 Established by Subsection (1) of Section 8 of Act XL of 2016, effective as of 1 July 2016.

2 Established by Subsection (1) of Section 8 of Act XL of 2016, effective as of 1 July 2016.
3 Amended by Paragraph i) of Subsection (8) of Section 18 of Act LXXI of 2015, Paragraph g) of Section 23 of Act CLXXX of
2015, Paragraph i) of Section 23 of Act CLXXX of 2015, Paragraph d) of Section 14 of Act XL of 2016.
4 Established by Subsection (2) of Section 8 of Act XL of 2016, effective as of 1 July 2016.
5 Enacted by Subsection (7) of Section 18 of Act LXXI of 2015, effective as of 1 July 2015.
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(9)1 If the standard form is modified, the Országos Bírósági Hivatal shall post a notice on its
website to that effect thirty days prior to the date of publication of the revised form. Following
publication of the revised form, the Országos Bírósági Hivatal shall post a notice of change on the
website for fourteen consecutive days. The website shall feature information on the legal effects for
the submission of non-prescribed forms, including a guide for filling out the form. If the form is not
in conformity with regulations, the Országos Bírósági Hivatal shall modify the form without delay,
or shall introduce a new form. After the modified form is published, the party may not use previous
versions of that form for the submission of pleadings. The Országos Bírósági Hivatal shall not
accept such forms, and shall notify the party thereof by way of an automated error message. Any
submission made on an expired form shall be deemed not to have been submitted.
(10)2 The time limit prescribed by law or by court order shall not include the day when the system
for the service of documents or the Judiciary Office network was out of service lasting at least four
hours.

Section 394/H3

(1) In the case of electronic communication, the provisions of this Section shall apply to service
of process.
(2)4 Submissions dispatched through the system for the service of documents shall be checked for
conformity with information technology requirements. If the submission is not in conformity with
information technology requirements, the party maintaining electronic communication shall be
directly notified thereof in the submission process. If the party maintaining electronic
communication_s submission is found in conformity with information technology requirements, the
party maintaining electronic communication shall be notified thereof via the system for the service
of documents (hereinafter referred to as _acknowledgement of acceptance"). The acknowledgement
of acceptance shall contain the following information:
a) the sender_s name;
b) receipt number assigned to the submission received via the system for the service of
documents;
c) date of receipt; and
d) information for the identification of the submission.
(3) At the time shown on the acknowledgement of acceptance the submission shall be considered
delivered to the court.
(4)5 The court shall send confirmation to the party maintaining electronic communication on the
pleadings received by automated means, in the form of an acknowledgement of receipt, containing
the following information:
a) receipt number assigned to the pleading received via the system for the service of documents;
b) client_s description of the submission;
c) the exact time of receipt of the submission (day, hour, minute) and the court_s confirmation
number of receipt;
d) the name of the court receiving the submission;
e) a warning that the notification shall not serve to prove the registration of the submission;
f) information as to the payment of duties;
g) if the submission has any precedents at another court, and relying on the data contained in the
submission it is apparent that the court_s name shown therein is wrong, however, there is clear
indication elsewhere as to the court originally intended for the submission, information relating to
the time of receipt of the submission by the competent court, as well as the new confirmation of
receipt.
(5) If the pleading is submitted by way of electronic means, the duty shall be paid in accordance
with the relevant legislation, and Subsection (3) of Section 95 and Paragraph c) Subsection (2) of
Section 124 shall not apply within three working days of the date of receipt of the pleading.

1 Established by Subsection (3) of Section 8 of Act XL of 2016. Amended by Subsection (4) of Section 1 of Act CXXI of 2016.
2 Enacted by Subsection (7) of Section 18 of Act LXXI of 2015, effective as of 1 July 2015.
3 Enacted: by paragraph (12) Section 1 of Act CCXI of 2012. In force: as of 1. 01. 2013.
4 Amended by Paragraphs h), j) of Section 23 of Act CLXXX of 2015.
5 Amended by Paragraph h) of Section 23 of Act CLXXX of 2015.
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(6)1 The party maintaining electronic communication shall be notified concerning the service of
judicial documents, or their placement on his dedicated hosting service electronically, by way of the
system for the service of documents, sent to the electronic mail address the client has indicated,
initially immediately upon receipt and for the second time after three days.
(7)2 The party maintaining electronic communication may accept the document by opening the
internet link pointing to the document. Opening the internet link generates an electronic
acknowledgement of receipt and it is sent automatically to the court; the electronic
acknowledgement of receipt serves to prove that the document has been accepted. Before opening
the internet link the system for the service of documents shall inter alia offer information for the
party maintaining electronic communication as to the name of the court and the parties, the act at
issue, the date of service of the judicial document and the case number.
(8)3 If the system for the service of documents sends notice to the court verifying that the party
maintaining electronic communication did not collect the judicial documents after being notified
twice, the judicial document shall be considered served on the fifth working day following the date
indicated in the second notice (presumption of service). In the event of the presumption of service
taking effect, the court and the party maintaining electronic communication shall be so informed by
automated process via the system for the service of documents.
(8a)4 A motion for the rebuttal of presumption of service under Subsection (8) hereof may be
submitted inside the time limits provided for in Subsection (1) of Section 99/A alleging that the
petitioner was unable to exercise his exclusive right of access to the dedicated storage space for
reasons beyond his control.
(9)5 If service of the document fails on account of the party maintaining electronic
communication failing to set up or having terminated the service dedicated for the service of
judicial documents, the court shall impose a financial penalty upon the party maintaining electronic
communication (Section 120) and shall deliver the judicial document in question on paper.
(10) Subsection (5) of Section 99 shall not apply to service of process.
(11)6

Section 394/I7

(1) If communication in a civil action is maintained electronically by either of the parties, and the
party maintaining communication by way of electronic means submits pleadings by means other
than electronic means, provided that this Act does not provide otherwise:
a) the court shall deny the statement of claim without issuing any writ of summons,
b) pleadings submitted by other means shall be deemed invalid, and shall be construed that the
party maintaining electronic communication did not make any statement.
(2) If communication in the action is maintained electronically by either of the parties, and the
party maintaining communication by way of electronic means submits pleadings by means other
than electronic means, in addition to the legal effect specified in Paragraph b) of Subsection (1), the
court shall impose a fine upon the party maintaining electronic communication and shall deliver
judicial documents to that party on paper.

Section 394/J8

(1) The party maintaining electronic communication shall provide for the digitization of the
statement of claim, including its paper-based enclosures, and for safeguarding paper-based
documents.

1 Amended by Paragraph k) of Section 23 of Act CLXXX of 2015.

2 Amended by Paragraphs h), k) of Section 23 of Act CLXXX of 2015, Paragraph e) of Section 14 of Act XL of 2016, Paragraph
b) of Section 6 of Act CLVIII of 2016.
3 Established by Subsection (1) of Section 9 of Act XL of 2016, effective as of 1 July 2016.
4 Enacted by Section 18 of Act CLXXX of 2015, effective as of 4 December 2015.
5 Amended by Paragraphs l)-n) of Section 23 of Act CLXXX of 2015.
6 Repealed by Paragraph c) of Section 6 of Act CLVIII of 2016, effective as of 1 January 2017.
7 Enacted by Section 19 of Act CLXXX of 2015, effective as of 4 December 2015.
8 Enacted by Section 19 of Act CLXXX of 2015, effective as of 4 December 2015.
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(2) The legal counsel, if maintaining communication electronically, shall submit the power of
attorney he has converted into electronic format enclosed with the statement of claim, or with the
first submission made to the court. The court shall call upon the legal counsel to produce the
original of the power of attorney for the purpose of comparison if there is serious doubt as to
authenticity.
(3) For the purposes of this Section a document shall be considered converted into electronic
format if the electronic copy of the document is a facsimile of the paper-based document.
(4) The lawful use of the means and technical equipment specified in this Act and in specific
other legislation for the submission of statements of claim and pleadings electronically shall be
presumed.
(5)1 If communication in the action is maintained electronically, the consequences of
non-compliance with any deadline shall not apply where a submission addressed to the court was
dispatched electronically at the latest on the last day of the time limit, in conformity with
information technology requirements. For the purposes of calculating the time limit submissions
presented to the court shall be considered submitted upon the court_s information system having
dispatched an acknowledgement of acceptance, and, if submitted on a data storage device, the
deadline prescribed in Subsection (7) of Section 394/G is also observed.

Section 394/K2
As regards the digitization - as provided for by law - of paper-based documents, the courts shall
have five working days to comply. The time required for the digitization of documents, or five
working days at most, shall be disregarded for the purposes of calculating the deadline.

Section 394/L3

Where representation is lawfully provided by several persons, and electronic communication is

maintained by means other than through the support protocol for submission of the form with
facilities for the identification of the domestic economic operator or administrative body, a joint
statement executed by all persons shall be enclosed with the statement of claim or with the first
submission by way of electronic means:
a) declaring their consent for having the statement of claim and/or other pleadings submitted
using the support protocol for submission of the form with facilities for the identification of the
person designated for submission,
b) declaring their understanding that judicial documents placed to the dedicated storage space of
the person designated for submission shall be considered duly served.

Section 394/M4

(1) Statements of claim, other pleadings and documentary evidence shall be submitted in a size
that the system for the service of documents is able to handle. Information regarding such size
limits shall be posted by the Országos Bírósági Hivatal (National Office for the Judiciary) on its
website.
(2)5 If the size of any statements of claim, other pleadings or documentary evidence, separately or
combined, exceeds the size that the system for the service of documents is able to handle, they may
be submitted on a data storage device as well. The data storage device shall be submitted in as many
copies as there are parties to the action, plus one extra copy. The court shall send out the data
storage device, without printing the files it contains, to the parties and their representatives by post.
Information regarding size limits that the system for the service of documents is able to handle shall
be posted by the Országos Bírósági Hivatal (National Office for the Judiciary) on its website. A
legal statement submitted or a procedural step taken on a data storage device below the
above-specified size limit shall be of no effect.

1 Established by Section 10 of Act XL of 2016, effective as of 1 July 2016.

2 Enacted by Section 19 of Act CLXXX of 2015, effective as of 4 December 2015.
3 Enacted by Section 19 of Act CLXXX of 2015. Amended by Paragraphs c), f) of Section 14 of Act XL of 2016.
4 Enacted by Section 19 of Act CLXXX of 2015, effective as of 4 December 2015.
5 Established by Section 11 of Act XL of 2016, effective as of 1 July 2016.
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(3)1

CHAPTER XXVIII/A2

RULES OF ACCESSING THE CLOSED-CIRCUIT TELECOMMUNICATIONS NETWORK3

Section 394/N4

(1) The court may, either of its own motion or at the request of one of the parties, order by way of
ruling that hearing of the party and other litigants, and experts, and the examination of witnesses to
be carried out through closed-circuit telecommunications network, where this appears reasonable -
particularly if it is likely to expedite the process -, or the hearing or examination (for the purposes of
this Chapter hereinafter referred to collectively as _hearing") if conducted at the original venue of
the hearing or personal interview would entail considerable hardship or unreasonably higher costs.
(2) Where hearing is conducted through closed-circuit telecommunications network, direct
connection between the scheduled venue of the hearing or personal interview and the place of
hearing by means of closed-circuit telecommunications network shall be ensured by a device that is
capable of simultaneous transmission of video and audio signals in real-time. Hearing may be
conducted through closed-circuit telecommunications network using the scheduled venue of the
hearing or personal interview and several other places of hearing via closed-circuit
telecommunications network if direct connection between such venues can be secured. The place of
conducting a hearing via closed-circuit telecommunications network shall be made available by the
court, or any other body with facilities for conducting hearings via closed-circuit
telecommunications network.
(3) The ruling adopted in a case adjudicated by hearing conducted via closed-circuit
telecommunications network may not be appealed. The court shall deliver its ruling ordering the
hearing to be conducted via closed-circuit telecommunications network together with the summons
to the hearing or personal interview to the persons summoned to appear in the hearing or personal
interview. The court shall deliver its ruling ordering the hearing to be conducted via closed-circuit
telecommunications network without delay to the court or other body that is to make available the
facilities for the hearing.

Section394/O

(1) The person to be heard via closed-circuit telecommunications network shall appear in the
designated premises in the building of the court or other body, and shall be present throughout the
hearing.
(2) Where the hearing is conducted via closed-circuit telecommunications network the provisions
relating to the publicity of hearings shall apply with the understanding that publicity shall be
provided for in the scheduled venue of the hearing. In the premises specifically designed for
hearings via closed-circuit telecommunications network the following may be present:
a) the person to be heard,
b) the person whose presence in the hearing or personal interview is permitted or required by law
in connection with the person to be heard (such as in particular the counsel, guardian ad litem, legal
representative, interpreter),
c) the person whose function is to operate the technical equipment used for conducting the
hearing through closed-circuit telecommunications network.

1 Repealed by Paragraph e) of Section 15 of Act XL of 2016, effective as of 30 June 2016.

2 Enacted by Section 20 of Act CLXXX of 2015, effective as of 4 December 2015.
3 Enacted by Section 20 of Act CLXXX of 2015, effective as of 4 December 2015.
4 Enacted by Section 20 of Act CLXXX of 2015, effective as of 4 December 2015.
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(3) Identification of the person to be heard via closed-circuit telecommunications network shall be
carried out by the person (judge) presiding over the hearing, or the person (judge) conducting the
personal interview, or - if the personal interview is conducted by the court secretary - by the court
secretary. The president (judge), or the court secretary shall also establish that in the premises
designated for hearings via closed-circuit telecommunications network only such persons may be
admitted whose presence is permitted by law, and that the person to be heard is not limited in
exercising his procedural rights.
(4) Identity of the person to be heard via closed-circuit telecommunications network shall be
established:
a) based on his data provided in proof of identity and home address, and
b) by way of transmission of the visual image of the official document presented for the purpose
of identification or the document evidencing right of residence.
(5) The court shall verify the identity of the person to be heard via closed-circuit
telecommunications network:
a) by cross-referencing the data provided by such person in proof of his identity and home
address with data shown in the relevant records, and
b) by cross-referencing the data contained in the official document presented for the purpose of
identification and in the document evidencing right of residence with data shown in the relevant
records
by way of electronic means or by accessing the relevant databases directly.
(6) At the beginning of the hearing, the president (judge), or - if the personal interview is
conducted by a court secretary - the court secretary shall inform the person heard through the
closed-circuit telecommunications network that the hearing is conducted via closed-circuit
telecommunications network.
(7) In the hearing conducted via closed-circuit telecommunications network it shall be ensured
that the person interviewed, and all other persons present together with the person heard can be seen
in the premises designated for hearings via closed-circuit telecommunications network by the
persons attending the hearing or personal interview at the designated venue. Furthermore, all areas
of the premises designated for hearings via closed-circuit telecommunications network must be kept
visible for the president (judge), or the court secretary present at the designated venue of the hearing
or personal interview. The person questioned in the premises specifically designed for hearings via
closed-circuit telecommunications network shall also be able to monitor the hearing.

Section 394/P1

Where hearing is conducted via closed-circuit telecommunications network, the report made on
the hearing or personal interview shall cover the circumstances surrounding the hearing conducted
via closed-circuit telecommunications network, indicating the persons present in the premises
designated for hearings via closed-circuit telecommunications network.
PART EIGHT2

MISCELLANEOUS PROVISIONS

CHAPTER XXIX3

Scope, Authorizations

1 Enacted by Section 20 of Act CLXXX of 2015, effective as of 4 December 2015.

2 Numbering modified by Subsection (1) of Section 49 of Act XXX of 2008, and by Section 11 of Act LII of 2009. Numbering
amended: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
3 Numbering modified by Subsection (1) of Section 49 of Act XXX of 2008, and by Section 11 of Act LII of 2009. Numbering
amended: by paragraph (2) Section 24 of Act LXXXIX of 2011. In force: as of 13. 07. 2011.
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Section 395

(1)1 This Act shall not cover the effect of diplomatic immunity and other forms of privileges, nor
the special rules of procedure applicable to diplomatic immunity and other forms of privileges.
(2)2 Data obtained and recorded in connection with judicial and non-judicial proceedings may be
used for statistical purposes, and may be disclosed for statistical use if the person to whom it
pertains cannot be identified.
(3)3 The Government is hereby authorized to decree:
a) the tasks that may be fulfilled by court clerks in contentious and non-contentious proceedings;
b) the detailed regulations on regulated electronic administration services applicable to electronic
communication maintained with the courts.
(4)4 The minister in charge of the judicial system is hereby authorized to decree:
a)5 the rules of court procedures, following consultation with the president of the Országos
Bírósági Hivatal (Judiciary Office of Hungary);
b) the remuneration of guardians ad litem, in agreement with the minister in charge of taxation;
c) the rules of court deposit;
d)6
e) the type of actions - in agreement with the minister in charge of taxation - where the party has
the right for the suspension of payment of specific costs, and in these actions the type of costs that
the party is required to advance, or cover, in spite of having the right for the suspension of payment
of specific costs;
f) the detailed regulations - in agreement with the minister in charge of taxation - concerning the
preconditions for exemption from costs and for the right for the suspension of payment of specific
costs or duties, including the rules for authorization, withdrawal, advancement of costs,
furthermore, the rules for the payment and recovery of advanced expenses;
g) the detailed regulations - in agreement with the minister in charge of public finances -
concerning the costs for which witnesses are entitled to claim compensation in judicial and
non-judicial proceedings;
h) the application forms to be used in order for payment procedures, the layout and content
requirements for these forms, the means of publication of the application forms, and the number of
copies of the application forms;
i) the detailed regulations - in agreement with the minister in charge of public finances -
concerning the costs for taking the persons referred to in Section 185 into custody, including the
amount and the means of recovery;
j)7 as regards the exemption from costs or expenses granted to employees under Section 359/A,
the amount limit specified therein, including the rules of procedure for claiming such exemption, in
agreement with the minister in charge of public finances and the minister in charge of employment
and labor;8
k)9 the detailed provisions - in agreement with the minister in charge of information technology,
following consultation with the President of the Országos Bírósági Hivatal (National Office for the
Judiciary) - for conducting hearings (interview, questioning) via closed-circuit telecommunications
network in civil actions;
l)10 the data, and the layout and content requirements for the standard electronic forms, and the
documentary enclosures that may be attached with standard electronic forms;

1 Enacted by Subsection (1) of Section 62 of Law-Decree No. 26 of 1972. Numbering modified by Paragraph a) of Subsection
(2) of Section 28 of Act XLVI of 1993.
2 Enacted by Paragraph a) of Subsection (2) of Section 28 of Act XLVI of 1993, effective as of 15 May 1993.
3 Established by Section 12 of Act XL of 2016, effective as of 1 July 2016.
4 Established by Subsection (2) of Section 16 of Act LII of 2009, effective as of 1 July 2009. As regards the amendment that
cannot be implemented see Section 13 of Act LII of 2009.
5 Amended: by paragraph (3) Section 45 of Act CXXX of 2010. In force: as of 1. 01. 2011. Amended: by subparagraph w)
Section 204 of Act CLXI of 2011. In force: as of 1. 01. 2012.
6 Repealed by Paragraph a) of Subsection (3) of Section 20 of Act XVIII of 2010, effective as of 1 May 2010.
7 Enacted by Subsection (2) of Section 13 of Act CXXI of 2009, effective as of 11 December 2009.
8 See Decree No. 73/2009 (XII. 22.) IRM.
9 Established by Section 21 of Act CLXXX of 2015, effective as of 4 December 2015.
10 Enacted by Subsection (7) of Section 3 of Act LIX of 2010, effective as of 29 June 2010.
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m)1 the detailed rules on the prepayment and bearing of costs relating the public prosecutor_s
participation in civil proceedings, in agreement with the minister in charge of public finances and
the minister vested with powers to oversee state property;
n)2 the detailed regulations relating to court procedures for the electronic processing judicial
documents.
(5)-(6)3

Section 3964

For the purposes of this Act _economic operator_ shall mean business associations, European
public limited-liability companies, groupings, European economic interest groupings, European
groupings of territorial cooperation, cooperative societies, housing cooperatives, European
cooperative societies, water management organizations, forest management associations,
state-owned companies, other state-owned economic agencies, companies of certain legal entities,
joint ventures, bailiffs_ offices, notaries_ offices, law firms, patent agents_ offices, voluntary
mutual insurance funds, private pension funds, sole proprietorships, and private entrepreneurs. The
civil relations of the State, municipal governments, budgetary agencies, associations, public bodies
and foundations are subject to the provisions on economic operators in connection with their
economic activities.
Section 396/A5

For the purposes of this Act _media content provider_ shall mean the media content provider
governed by the Act on Freedom of the Press and on the Basic Rules Relating to Media Content.

Section 3976

The entry into force of this Act and the establishment of other requisite transitional provisions are
provided for in specific other legislation.7

Section 397/A8

Paragraph c) of Subsection (1) of Section 386/A, as established by Act CLXXXIX of 2012 on the
Amendment of Regulations Relating to Government Control shall also apply to cases pending at the
time of Act CLXXXIX of 2012 on the Amendment of Regulations Relating to Government Control
entering into force.

Section 397/B9

(1) An appeal lodged against any decision adopted by a general court in administrative cases
before 31 December 2012 in the first instance shall be heard after 1 January 2013 by another
chamber of the general court in the second instance.
(2) After 1 January 2013 general courts shall transfer administrative actions pending in the first
instance on 31 December 2012, and actions concluded in the first instance where additional
measures falling within the jurisdiction of the court of the first instance have to be taken, to the
competent court of public administration and labor without delay.

1 Enacted: by Section 121 of Act CLXXXIII of 2010. In force: as of 1. 03. 2011.

2 Enacted by paragraph (13) Section 1 of Act CCXI of 2012. Amended by Paragraph f) of Section 15 of Act XL of 2016.
3 Repealed by Subsection (4) of Section 22 of Act CLI of 2007, effective as of 1 January 2008.
4 Established by Subsection (34) of Section 85 of Act CCLII of 2013. Amended by Section 28 of Act LXXV of 2014.
5 Enacted: by Section 2 of Act LXVI of 2012. In force: as of 3. 07. 2012.
6 Numbering modified by Subsection (2) of Section 62 of Law-Decree No. 26 of 1972.
7 Entered into force on 1 January 1953 under Section 1 of Law-Decree No. 22 of 1952. See Decree No. 105/1952 (XII. 28.) MT.
8 Enacted: by paragraph (2) Section 6 of Act CLXXXIX of 2012. In force: as of 15. 12. 2012.
9 Enacted by paragraph (7) Section 1 of Act CCXI of 2012. Designation modified by Paragraph a) of Subsection (35) of Section
85 of Act CCLII of 2013.
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(3) High courts of appeal shall transfer administrative actions in progress on 31 December 2012 in
the second instance to the competent general court acting in the second instance at the latest by 1
February 2013.
(4) As regards the transfers referred to in Subsections (2) and (3) the provisions of Section 129
and Subsection (2) of Section 158 shall not apply.

Section 397/C1

(1) Subsections (3) and (4) of Section 56, Subsection (1) of Section 57 and Subsection (1) of
Section 83 of this Act, as established by Act LXIX of 2013 on the Amendment of Act III of 1952
on the Code of Civil Procedure, shall apply to interventions notified after the time of Act LXIX of
2013 on the Amendment of Act III of 1952 on the Code of Civil Procedure entering into force.
(2) Paragraph g) of Subsection (1) of Section 130, Subsection (7) of Section 167, Subsection (1b)
of Section 168, Subsection (1a) of Section 173, Subsection (1b) of Section 185, Subsection (2) of
Section 257 and Subsection (2) of Section 271 of this Act, as established by Act LXIX of 2013 on
the Amendment of Act III of 1952 on the Code of Civil Procedure, shall also apply to cases in
progress at time of the entry into force of Act LXIX of 2013 on the Amendment of Act III of 1952
on the Code of Civil Procedure.
Section 397/D2

In actions based on the assessment of the Teljesítésigazolási Szakértői Szerv (Body of Experts for
the Certification of Compliance) delivered between 1 July 2013 and 1 September 2013, the
statement of claim may be submitted by 15 September 2013 even if sixty days have already lapsed
after the date of delivery of the expert opinion. No application for continuation will be accepted
upon failure to meet the above-specified deadline, and the action shall be carried out according to
the general rules. The provisions of Section 386/R shall apply in that case as well.

Section 397/E3

Section 386/U of this Act, as established by Act XXXIV of 2013 on the Organization Mediating
in Disputes Connected to the Design and Construction of Buildings, and on the Amendment of
Regulations in Connection with Preventing a Chain Reaction of Unpaid Subcontractors and
Combating Late Payments in the Construction Industry, shall apply to proceedings opened after the
entry into force thereof.

Section 397/F4

(1) The provisions of this Act established by Act CCLII of 2013 on the Amendment of Certain
Acts in Connection with the Entry into Force of the New Civil Code (hereinafter referred to as _Act
CCLII/2013") shall apply - subject to the exceptions set out in Subsections (2)-(5) - to procedural
steps initiated after 15 March 2014 in connection with cases in progress on 15 March 2014.
(2) The provisions of this Act relating to rights relating to personality and to non-contractual
liability, as established by Act CCLII/2013, shall apply to cases where the infringement commenced
on or after 15 March 2014.
(3) The provisions of this Act relating to:
a) competency in legal proceedings,
b) the rebuttal of the presumption of paternity in non-contentious proceedings,
c) actions for overturning the notary_s resolution adopted in actions in rem, and
d) the definition of economic operator,

1 Enacted by Section 9 of Act LXIX of 2013. Designation modified by Paragraph b) of Subsection (35) of Section 85 of Act
CCLII of 2013.
2 Enacted by paragraph (3) Section 13 of Act XXXIV of 2013. Designation modified by Paragraph c) of Subsection (35) of
Section 85 of Act CCLII of 2013.
3 Enacted by paragraph (4) Section 13 of Act XXXIV of 2013. Designation modified by Paragraph d) of Subsection (35) of
Section 85 of Act CCLII of 2013.
4 Enacted by Subsection (36) of Section 85 of Act CCLII of 2013, effective as of 15 March 2014.
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as established by Act CCLII/2013, shall apply to cases opened after 15 March 2014.
(4) Subsection (6) of Section 80, Subsection (1) of Section 121/A, Subsection (5) of Section 285,
and Paragraphs a) and b) of Section 394/C of this Act, as established by Act CCLII/2013, shall
apply to cases opened after 15 March 2014.
(5) If in actions for placement under guardianship or conservatorship in progress on 15 March
2014 the respondent makes a prior legal statement, he shall notify the acting court thereof without
delay.

Section 397/G1

Subsection (7) of Section 326 and Subsection (14) of Section 326 of this Act, as established by
Act CXLIII of 2015 on Public Procurement, shall apply to administrative actions opened under the
Act on Public Procurement after the entry into force thereof. Paragraph r) of Subsection (12) of
Section 326 of this Act, repealed by Act CXLIII of 2015 on Public Procurement, shall apply to
administrative actions opened under the Act on Public Procurement before the time of repeal.

Section 397/H2

(1) The provisions of this Act established by Act CLXXX of 2015 on the Amendment of Act III
of 1952 on the Code of Civil Procedure, Other Procedural Regulations and Regulations Relating to
the Judiciary shall also apply to cases in progress, with the exceptions set out in Subsection (2).
(2) The provisions listed below of this Act, as established by Act CLXXX of 2015 on the
Amendment of Act III of 1952 on the Code of Civil Procedure, Other Procedural Regulations and
Regulations Relating to the Judiciary, shall apply as follows:
a) Paragraph b) of Subsection (1) of Section 23 shall apply to actions brought after the time of
entry into force of Paragraph a) of Section 23 of Act CLXXX of 2015 on the Amendment of Act III
of 1952 on the Code of Civil Procedure, Other Procedural Regulations and Regulations Relating to
the Judiciary;
b) Section 321/A shall apply to order for payment procedures brought before the court on or after
1 January 2016;
c) Section 340/B shall apply to actions for the judicial review of decisions adopted in
administrative proceedings opened on or after 1 January 2016;
d) Section 341/J shall apply to actions brought before a notary public for overturning a judgment
in rem adopted in an action in rem opened on or after 1 January 2016;
e) Section 386/U shall apply to actions brought on or after 1 January 2016;
f) Section 394/C shall apply to actions brought on or after 1 January 2016.

Section 397/I3

(1) Until 30 June 2016 the provisions of this Act providing for mandatory or exclusive electronic
communication shall apply if the party or his representative, or any person otherwise affected by
electronic communication chose to maintain electronic communication.
(2) After 1 July 2016, as regards mandatory electronic communication the provisions listed below
of this Act, as established by Act CLXXX of 2015 on the Amendment of Act III of 1952 on the
Code of Civil Procedure, Other Procedural Regulations and Regulations Relating to the Judiciary,
shall apply as follows:
a) Section 321/A shall apply to order for payment procedures brought before the court on or after
1 July 2016;
b) Section 340/B shall apply to actions for the judicial review of decisions adopted in
administrative proceedings opened on or after 1 July 2016;
c) Section 341/J shall apply to actions brought before a notary public for overturning a judgment
in rem adopted in an action in rem opened on or after 1 July 2016;
d) Section 386/U shall apply to actions brought on or after 1 July 2016;

1 Enacted by Subsection (5) of Section 199 of Act CXLIII of 2015, effective as of 1 November 2015.
2 Enacted by Section 22 of Act CLXXX of 2015, effective as of 4 December 2015.
3 Enacted by Section 1 of Act CCXII of 2015, effective as of 17 December 2015.
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e) Section 394/C shall apply to actions brought on or after 1 July 2016.

Section 397/J1

After 1 July 2016, as regards mandatory electronic communication the provisions listed below of
this Act, as established by Act XL of 2016 on the Amendment of Act III of 1952 on the Code of
Civil Procedure and Act CCXXII of 2015 on the General Rules for Trust Services for Electronic
Transactions, shall apply as follows:
a) Subsections (2)-(3) of Section 321/A shall apply to order for payment procedures brought
before the court on or after 1 July 2016;
b) Subsection (2) of Section 340/B shall apply to actions for the judicial review of decisions
adopted in administrative proceedings opened on or after 1 July 2016;
c) Subsection (2) of Section 341/J shall apply to actions brought before a notary for overturning a
judgment in rem adopted in an action in rem opened on or after 1 July 2016;
d) Subsection (1) of Section 386/U shall apply to actions brought on or after 1 July 2016;
e) Subsection (2) of Section 394/C shall apply to actions brought on or after 1 July 2016.

Section 397/K2
In cases opened before the date of Act CXXXIV of 2016 on the Amendment of Act III of 1952 on
the Code of Civil Procedure and Act CXXIV of 2015 on National Accreditation (hereinafter
referred to as _Act CXXXIV/2016") entering into force Paragraph k) of Subsection (12) of Section
326 in effect on the day previous to the date of entry into force of Act CXXXIV/2016 shall apply.

Section 397/L3

(1) The provisions of this Act established by Act CLVIII of 2016 on the Amendment of Act
LXXX of 2003 on Legal Aid and Other Acts Related to Procedural Law shall apply - with the
exceptions set out in Subsections (2)-(5) - to cases opened on or after 1 January 2017.
(2) If in an action pending on 1 January 2017 for the termination or limitation of an enforcement
procedure the plaintiff submits a motion provided for in Paragraph a) of Section 369 on or after 1
January 2017, the provisions of this Act established by Act CLVIII of 2016 on the Amendment of
Act LXXX of 2003 on Legal Aid and Other Acts Related to Procedural Law shall also apply to
such cases pending on 1 January 2017.
(3) Subsection (2a) of Section 370/A of this Act, as established by Act CLVIII of 2016 on the
Amendment of Act LXXX of 2003 on Legal Aid and Other Acts Related to Procedural Law, shall
also apply to cases not covered by Subsection (2), which are pending on 1 January 2017, where the
hearing preceding the ruling of first instance has not yet been adjourned.
(4) If the action for the termination or limitation of the enforcement procedure on the ground of
ineffectiveness pursuant to Paragraph a) of Section 369, and the action for declaring a contract
executed in a document with an enforcement clause affixed or a contract underlying a unilateral
commitment executed in a document with an enforcement clause affixed ineffective are both in
progress on 1 January 2017, the court hearing the case opened on the basis of Paragraph a) of
Section 369 shall stay such proceedings until a final ruling is brought in the action for declaring a
contract executed in a document with an enforcement clause affixed or a contract underlying a
unilateral commitment executed in a document with an enforcement clause affixed ineffective.

Section 3984

Sections 313-323 of this Act contain regulations that may be approximated with Article 10 of
Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on
combating late payment in commercial transactions.

1 Enacted by Section 13 of Act XL of 2016, effective as of 1 July 2016.

2 Enacted by Section 1 of Act CXXXIV of 2016, effective as of 13 December 2016.
3 Enacted by Section 5 of Act CLVIII of 2016, effective as of 1 January 2017.
4 Established by Subsection (2) of Section 50 of Act XXX of 2008, effective as of 18 December 2008. Amended: by subparagraph
b) paragraph (5) Section 13 of Act XXXIV of 2013. In force: as of 1. 07. 2013.
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Section 3991

Section 323 of this Act serves the purpose of implementing Regulation (EC) No. 1896/2006 of
the European Parliament and of the Council of 12 December 2006 creating a European order for
payment procedure.

1 Established by Subsection (9) of Section 62 of Act L of 2009, effective as of 1 June 2010.