Loading...
Please wait, while we are loading the content...
Similar Documents
Legal Transplants: Snapshots of the State of the Art and a Case Study from Central Europe – Post Transplantation-adjustment of Contractual Liability in the New Hungarian Civil Code
| Content Provider | Scilit |
|---|---|
| Author | Fuglinszky, Ádám |
| Copyright Year | 2020 |
| Abstract | Strict contractual liability, foreseeability and non-cumul in the new Hungarian Civil Code are a living laboratory of legal transplantation. After an introduction (I) an overview is provided on the state of the art on legal transplants in seven theses (II). A case study follows next (III), sorted into three categories: ‘full legal transplants’ (comparative analyses took place both before and after the transplantation); ‘limping legal transplants’ (no a priori comparative considerations took place but the comparative toolbox is used in interpreting the new rules) and ‘surprising legal transplants,’ based on the spontaneous intuitions of the legislator having resulted in rejection and/or conversion into a ‘legal irritant’. The conclusions (IV) verify the significance of comparative analyses both in the pre- and post-transplantation phase. |
| Related Links | https://www.degruyter.com/downloadpdf/journals/ercl/16/2/article-p267.pdf |
| Ending Page | 299 |
| Page Count | 33 |
| Starting Page | 267 |
| ISSN | 16149920 |
| e-ISSN | 16149939 |
| DOI | 10.1515/ercl-2020-0014 |
| Journal | European Review of contract Law |
| Issue Number | 2 |
| Volume Number | 16 |
| Language | English |
| Publisher | Walter de Gruyter GmbH |
| Publisher Date | 2020-06-05 |
| Access Restriction | Open |
| Subject Keyword | European Review of Contract Law Transplantation Europe Liability Art Contractual Civil Legal Transplants Took Journal: European Review of contract Law, Issue- 3 |
| Content Type | Text |
| Resource Type | Article |
| Subject | Law |
