Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018)This document has been produced for informational purposes only.Act CXXX of 2016on the Code of Civil ProcedureThe National Assemblywith a view to establishing a regulatory framework that is based on the Hungarian traditionsof civil procedure and the achievements of European legal development, as well as on theprocedural responsibility of the parties and the active case management of the court, and onethat ensures the necessary conditions for the concentration of proceedings,led by the idea of justice being administered in the service of citizens and in line with therequirements of public good and common sense,with a view to resolving civil law disputes following the principle of fair trial and toenforcing substantive rights in an efficient manner, andwith a view to implementing Article 25 (2) a) of the Fundamental Law, adopts the followingAct:PART ONEFUNDAMENTAL PROVISIONSCHAPTER ISCOPE AND FUNDAMENTAL PRINCIPLES1. Scope of the ActSection 1 [Scope of the Act](1) This Act shall apply to court procedures, if taking the judicial path is allowed by law andno Act requires the application of other rules.(2) The court shall adjudicate legal disputes falling within the scope of this Act upon requestto that effect.2. Fundamental principlesSection 2 [Principle of free disposition](1) The parties may freely dispose of the claims they raise in the proceedings.(2) Unless otherwise provided by an Act, the court shall be bound by the requests andjuridical acts submitted and made by the parties.Section 3 [Principle of concentration of proceedings]The court and the parties shall strive to make available at the appropriate time all facts andevidence necessary to deliver the judgment, so that the legal dispute can be adjudicated, ifpossible, during a single hearing.Section 4 [The parties' obligation to facilitate the proceedings and speak the truth](1) The parties shall be obliged to enable the proceedings to be conducted and completed ina concentrated manner.(2) Unless otherwise provided by an Act, the parties shall bear the burden of presenting therelevant facts of the case and submitting the respective supporting evidence.(3) The parties shall make all statements of facts and other statements truthfully.(4) If a party makes through his own fault a statement regarding any relevant fact of the casewhich proves to be untrue, the court shall oblige the party at fault to pay a fine and shall applyother legal consequences specified in this Act.Section 5 [Principle of good faith]1
Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018)This document has been produced for informational purposes only.(1) The parties and other persons participating in the procedure shall act in good faith whenexercising and fulfilling their procedural rights and obligations.(2) If the behaviour of a party or another person participating in the procedure isinconsistent with the requirement of good faith, the court shall oblige that party or person topay a fine and apply other legal consequences specified in this Act.Section 6 [The court’s duty to manage the case]With a view to ensuring the concentration of proceedings, the court shall, in the manner andusing the means specified in this Act, contribute to enabling the parties to perform theirprocedural obligations.PART TWOGENERAL PROVISIONSCHAPTER IIINTERPRETATIVE PROVISIONSSection 7 [Interpretative provisions](1) For the purposes of this Act:1. complaint based on substantive law means invoking a provision of substantive law thatexcludes, terminates or prevents the enforceability of the right to be enforced through theaction, including any counter-claim or set-off;2. identification data concerning other than natural persons means the seat, the deliveryaddress (if other than the seat), the registering authority and the registration number, the taxnumber, and the name and delivery address of the statutory or organisational representativeproceeding in the action;3. identification data concerning natural persons means the domicile (or place of residencein the absence of a domicile), the delivery address (if other than the domicile and place ofresidence), the place and date of birth, the mother’s name, and the name and delivery addressof the statutory representative if the person does not have procedural capacity to act;4. amendment of the statement of defence means that a party, in comparison to thestatements of fact, statements of law and legal arguments made or presented earlierconcerning his statement of defence, including any statement of defence made against acounter-claim or set-off,a) invokes a different or additional fact,b) invokes a different or additional complaint based on substantive law or legal argument, orc) withdraws his statement acknowledging or not contesting, in whole or in part, anotherstatement of fact, statement of law or request, including the subsequent contestation of astatement of fact, statement of law or request that had been regarded as uncontested orunopposed;5. consumer means a consumer as defined in Act V of 2013 on the Civil Code (hereinafter“Ptk.”);6. economic operator means a company, European company, grouping, European economicinterest grouping, European grouping for territorial cooperation, cooperative, housingcooperative, European cooperative society, water management company, forest managementcompany, Hungarian branch of an enterprise having its seat abroad, state-owned enterprise,other state-owned economic organ, enterprise of certain legal persons, jointly ownedenterprise, court bailiff firm, notary office, law firm, patent firm, voluntary mutual insurancefund, private pension fund, individual firm, private entrepreneur, and, in the context of itscivil relationships related to its economic activities, the state, the local government, a2
Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018)This document has been produced for informational purposes only.budgetary organ or another legal person required by law to apply the rules pertaining to theeconomic activities of budgetary organs, an association, a statutory professional body or afoundation;7. relative means a relative as defined by the Ptk.;8. legal basis means a provision of substantive law, which specifies the facts giving rise tothe subjective right directly and allows a claim to be raised on the basis thereof;9. action concerning the formation and lawful operation of a legal person meansa) an action for setting aside an order of a company registry court granting an applicationfor company registration or registration of changes,b) an action for establishing the invalidity of the formation of a company,c) an action for establishing the invalidity of a modification of an instrument ofincorporation,d) an action for the judicial review of a decision adopted by a legal person,e) an action for excluding a member of a company or cooperative,f) an action concerning any acquisition of control in a company,g) an action for establishing the unlimited liability of a member or shareholder havinglimited liability for the debts of the company,h) an action brought against an organisation not qualifying as a company by the bodysupervising or controlling the legality of the operations of the organisation;10. extension of the action means that a plaintiff joins an action brought by another person,or another defendant becomes involved in the action, provided that joining or becominginvolved is not due to legal succession;11. right enforced by an action means a subjective right, the enforcement of which issecured by a provision of substantive legislation;12. amendment of the action means that a party, in comparison to the statements of fact,statements of law, legal arguments and requests made or presented earlier concerning hisclaim, including any counter-claim or set-off,a) invokes a different or additional fact,b) raises or invokes a different or additional legal argument or right to be enforced, orc) modifies the amount or content of his requests or any part thereof, or submits any otherrequest;13. media service provider means a media service provider as defined in the Act on thefreedom of the press and the general rules of media content;14. media content provider means a media content provider as defined in the Act on thefreedom of the press and the general rules of media content;15. other than a natural person means a legal person or an organisation without legalpersonality having the capacity to be a party on the basis of a legal provision;16. preparatory document means a written statement of defence, reply document, rejoinder,preparatory procedural document, statement of counter-claim, or set-off document;17. personal status means the set of factors defining the personal nature, and personal andfamily relations of a person;18. property dispute means an action in which the enforced claim is based on the propertyrights of a party, or its value can be expressed as a sum of money;19. undertaking means an undertaking as defined in the Ptk.(2) For the purposes of this Act, an organisational representative in accordance with the Ptk.shall also qualify as a statutory representative.CHAPTER III3
Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018)This document has been produced for informational purposes only.COURTS; DISQUALIFICATION3. Proceeding courtsSection 8 [The proceeding court](1) The following courts shall proceed on first instance:a) the district courts,b) the administrative and labour courts, orc) the regional courts.(2) The following courts shall proceed on second instance:a) the regional courts, if the case was heard by a district court or an administrative andlabour court,b) the regional court of appeals, if the case was heard by a regional court, andc) the Curia, if the case was heard by a regional court of appeal, or if so required under thisAct.(3) The Curia shall proceed as court of review.(4) The provisions laid down in this Act concerning district courts shall also apply to theBudapest district courts.4. Composition of courtsSection 9 [Composition of the court](1) Unless otherwise provided by an Act, a court of first instance shall consist of a singleprofessional judge (hereinafter “sole judge”).(2) In cases specified by an Act, the court of first instance shall proceed in a panelconsisting of one professional judge and two lay judges.(3) Lay judges shall be involved in the proceedings if their participation is required by anAct in connection with the adjudication of a claim enforced in a single action or joinedactions, or of a counter-claim or set-off.(4) The court of second instance shall proceed in a panel of three professional judges.(5) The Curia shall proceed in a panel of three professional judges in the course of reviewprocedure. The Curia may order that a case be heard by a panel of five professional judges, ifjustified by the extraordinary complexity or special social significance of the case.Section 10 [Rights and obligations of members of the court](1) A sole judge may take and adopt all measures and decisions that fall within the materialjurisdiction of the court or the president by virtue of an Act.(2) In matters falling within the material jurisdiction of a court panel, the chair may take andadopt outside the hearing all measures and decisions, except for judgments, that fall within thematerial jurisdiction of the court. In the course of the hearing, the chair may take and adoptthe measures and decisions that are explicitly delegated to the material jurisdiction of thechair by virtue of an Act.(3) Professional judges and lay judges shall have the same rights and obligations during theproceedings. The provisions of Acts concerning judges shall also apply to both professionaland lay judges.5. Junior judges and court administratorsSection 11 [Junior judges and court administrators](1) In matters falling within the material jurisdiction of a court of first instance, a juniorjudge may proceed outside the hearing instead of the sole judge or the chair, with theexception specified in paragraph (4).4
Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018)This document has been produced for informational purposes only.(2) A junior judge shall be entitled to conduct the evidential phase in the capacity of therequested court. In such event, the provisions laid down in this Act concerning courtproceedings shall also apply to the proceeding of the junior judge.(3) In cases specified in paragraphs (1) and (2), the junior judge shall have independentsignatory rights, unless otherwise provided by an Act. A junior judge may take and adopt allmeasures and decisions, except for judgments, that fall within the material jurisdiction of thecourt or the president by virtue of an Act.(4) A junior judge cannot adopt a decision on provisional measures.(5) In cases specified by law, a court administrator may proceed with independent signatoryrights, outside the hearing and subject to the direction and supervision of a judge. In suchevent, the provisions laid down in this Act concerning court proceedings shall also apply tothe proceeding of the court administrator.(6) The provisions related to the disqualification of judges shall apply to the disqualificationof junior judges and court administrators.6. Disqualification of judges and courtsSection 12 [Disqualification of a judge]The following persons shall be disqualified from administering the action and shall not beallowed to participate in it as a judge:a) a party, a person entitled or subject to the same right or obligation as a party, a personwho demands the subject matter of the action or any part thereof for himself, or a personwhose rights or obligations may be affected by the outcome of the action,b) a representative or supporter of a person mentioned in point a), or a former representativeor supporter who was involved in the case,c) a relative of a person specified in points a) or b),d) a person whose hearing in the action was ordered by the court, who was appointed as anexpert by the court during the action, or who provided an expert opinion concerning theaction,e) a person who conducted any mediation procedure concerning the action, orf) a person who may not be expected to assess the matter objectively for any other reason.Section 13 [Disqualification of judges from procedural remedy proceedings](1) A judge who participated in the adjudication of the matter at first instance shall also bedisqualified from the adjudication of the matter at second instance.(2) A judge shall also be disqualified from the adjudication of a retrial if he participated inthe proceedings leading to the adoption of the decision subject to retrial.(3) A judge shall also be disqualified from the adjudication of a review application if heparticipated in the proceedings leading to the adoption of the decision affected by the reviewapplication.Section 14 [Disqualification of a court](1) A district court, administrative and labour court, regional court, or regional court ofappeal shall be disqualified from the action ifa) it is a party to the action, it is entitled or is subject to the same right or obligation as aparty, it demands the subject matter of the action or any part thereof for itself, or its rights orobligations may be affected by the outcome of the action, orb) its president or vice-president is disqualified under section 12 a), b) or c).(2) The grounds for disqualification specified in paragraph (1) shall also apply to thosecourts without legal personality where the general employer’s rights over the judges areexercised by the president of the court affected by the action.5
Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018)This document has been produced for informational purposes only.(3) The applicability of disqualification against the proceeding court shall not be establishedby the sole fact thata) other proceedings between the party and the proceeding court are pending,b) a request for the extension of the action could be rejected if the court involved in thematter at the first or second instance were to be involved in the action, orc) the action is brought by virtue of law against a person acting within his administrative,judicial or prosecutorial powers, for an activity subject to the liability obligation of theemployer, infringing personality rights, or causing damage, even if the person acting withinhis judicial powers acted for the proceeding court.Section 15 [Notification of a request for disqualification](1) A judge shall notify the president of the court without delay of any ground fordisqualification against him, specifying that ground. If the judge intends to give notice of aground referred to in section 12 f), his statement shall be justified in writing.(2) A notice of ground for disqualification may also be submitted by a party. Such a noticemay be given in any phase of the proceedings up until the adoption of a decision closing theproceedings; the reason referred to in section 12 f) may not be notified after opening a hearingunless the notifying party substantiates that he became aware of the fact serving as ground forthe notice after the opening of the hearing, and that he acted without delay after becomingaware of that fact.Section 16 [Handling of requests for disqualification as an administrative matter](1) The court shall seek to ensure ex officio that a disqualified judge or court is not involvedin the proceedings.(2) If there is a ground for disqualification, the president of the court shall initiatedisqualification ex officio.(3) If a judge notifies a ground for disqualification against himself, or acknowledges aground for disqualification notified by a party, the president of the court shall arrange for theappointment of another judge or panel. In such a situation, no separate decision ondisqualification shall be adopted.Section 17 [Handling of requests for disqualification as a judicial matter](1) If the issue of disqualification is not handled as an administrative matter, it shall bedecided upon outside the hearinga) if it concerns a sole judge, by another sole judge proceeding at the same instance at thesame court,b) if it concerns the president or a member of a panel, by another panel proceeding at thesame instance at the same court.(2) If the same court does not have a judge or panel that is not affected by the ground fordisqualification, or if the ground for disqualification applies to the entire court, the matter ofdisqualification shall be decided upon by the court of second instance, by the regional court ofappeal regarding a ground concerning a regional court as court of second instance, or anadministrative and labour court, or by the Curia regarding a ground concerning a regionalcourt of appeal as court of second instance.(3) If the notice was not given by the judge himself, his statement shall be obtained beforeadopting a decision.(4) A complaint against the dismissal of a request for disqualification may be filed only aspart of the appeal against the decision closing the proceeding.Section 18 [Other rules of disqualification](1) If a judge gives notice of a ground for disqualification against himself, he may notproceed in the action until his notice is dealt with. In any other situation, the judge concernedmay proceed, but may not participate in the adoption of a decision on the merits until the6
Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018)This document has been produced for informational purposes only.notice regarding a ground for disqualification specified in sections 12 a) to e) is dealt with.This restriction shall not apply if the same party gives another notice against the judge in thesame action after the dismissal of the request for disqualification.(2) If a party gives a manifestly unfounded no
Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018) This document has been produced for informational purposes only. 4 COURTS; DISQUALIFICATION 3. Proceeding courts Section 8 [The proceeding court] (1) The following courts shall proceed on first instance: a) the district courts, b) the administrative and labour courts, or c) the regional courts. (2) The following .
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6 of 2001, Act No. 7 of 2002, Act No. 15 of 2003, Act No. 4 of 2004, Act No. 6 of 2005, Act No. 10 of 2006, Act No. 9 of 2007, Act No. 8 of 2008, Act No. 8 of 2009, Act No. 10 of 2010, Act No. 4 of 2012.] PART I - PRELIMINARY 1. Short title and commencement This Act may be cited as the Income Tax Act, 1973 and shall, subject to the
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EVIDENCE ACT [Date of assent: 9th December, 1963.] [Date of commencement: 10th December, 1963.] An Act of Parliament to declare the law of evidence [Act No. 46 of 1963, L.N. 22/1965, Act No. 17 of 1967, Act No. 8 of 1968, Act No. 10 of 1969, Act No. 13 of 1972, Act No. 14 of 1972, Act No. 19 of 1985, Act
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