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The Authority and Liability of the Bankruptcy Trustee Based on the Second Hungarian Bankruptcy Act of 1881

Máté Pétervári

Cracow Studies of Constitutional and Legal History, Volume 17, Issue 3, Early Access

https://doi.org/10.4467/20844131KS.24.024.21008

After the Austro-Hungarian Compromise, the Hungarian economy developed quickly, and the Hungarian political elite sought ways to help it grow with a new, up-to-date regulation. To that end, the National Assembly adopted a new commercial code in 1875, a new promissory note act in 1876 and a new bankruptcy act in 1881.
In this paper, I examine the liability of bankruptcy trustees on the basis of leading cases of the Hungarian Supreme Court whose decisions determined the Hungarian legal practice. It is an interesting part of Act XVII of 1881 because it has a close connection to the general private law. Since bankruptcy trustees were responsible for determining the amount of bankruptcy assets, the issue of creditor control of the trustee’s activity was important. In addition, the provision of the Hungarian bankruptcy act concerning the bankruptcy trustee’s liability was the same as the German Bankruptcy Act of 1877, thus creating a good opportunity to compare the German and Hungarian viewpoints in this question.

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Brief Report on the Scientific Events of Legal and Constitutional History in Hungary 2016

Máté Pétervári

Cracow Studies of Constitutional and Legal History, Volume 10, Issue 2, Volume 10 (2017), pp. 387 - 392

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Changes in the Hungarian Insolvency Law in the Interwar Period

Máté Pétervári

Cracow Studies of Constitutional and Legal History, Volume 15, Issue 2, Volume 15 (2022), pp. 227 - 244

https://doi.org/10.4467/20844131KS.22.016.15719

The First World War and the Trianon Treaty shocked the Hungarian economy. The Hungarian government implemented a payment moratorium from the start of the war, but after a one-year long moratorium, the government wanted to restore the working of the economy. But it desired to avoid the massive bankruptcies of the firms; therefore, a new institution, the compulsory non-bankruptcy settlement was introduced by the government in Hungary for helping the debtors. In my paper, I examine the rearrangement of the insolvency law in the interwar period which was generated by the compulsory nonbankruptcy settlement. This appeared beside the bankruptcy procedure, which regulation was passed by the National Assembly in 1881. It was the second Hungarian bankruptcy act, which remained unchanged until socialism. These two procedures were the significant elements of the insolvency law in the examined period. In my paper, I present the circumstances of the new institution’s introduction, its modification and its relation to the bankruptcy procedure.

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Events and Books in the Sphere of the Study of Legal and Constitutional History in Hungary in 2018

Máté Pétervári

Cracow Studies of Constitutional and Legal History, Volume 12, Issue 3, Volume 12 (2019), pp. 459 - 468

https://doi.org/10.4467/20844131KS.19.020.10941

2018 was a productive and successful year for the study of Hungarian Legal History because among Hungarian legal historians, or foreign historians working in Hungary, there were awarded one D.Sc. degree, one habilitation, and three PhD degrees, along with the publication of 17 books dealing with issues in the sphere of Hungarian legal history. I focused strictly on the scholars and departments of Hungarian and European Legal History, to the exclusion of scholars and departments of Roman Law. This report also reviews scholarly works in legal history published in Hungary, as well as important legal history conferences held in Hungary.

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Events in the Sphere of the study of Hungarian Legal and Constitutional History in 2017

Máté Pétervári

Cracow Studies of Constitutional and Legal History, Volume 11, Issue 2, Volume 11 (2018), pp. 297 - 304

https://doi.org/10.4467/20844131KS.18.019.8783

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Máté Pétervári

University of Szeged ( Hungary)

University of Szeged