Kötelmi jog általános rész fogalmak (General Part of the Law of Obligations Concepts)

Comprehensive vocabulary flashcards covering the general part of the Law of Obligations, including representation, types of obligations, contract formation, breaches, and various forms of liability (tort, product, building, etc.).

Obligation (kötelem)

A duty to perform a service and a right to demand the performance of that service. It is a subordinate legal relationship between specific persons from which a state-enforceable obligation arises to perform a service and a right to demand it.

Dispositivity (diszpozitivitás)

According to Section 6:1. § (3), parties may deviate from the common rules regarding their rights and obligations by mutual agreement, provided the law does not prohibit such deviation.

Juridical Act (jognyilatkozat)

A manifestation of will intended to produce a legal effect.

Representation (képviselet)

A process where a person makes a legal statement through another person, unless the law provides otherwise. The legal statement made by the representative directly entitles and obligates the represented party.

False Representation (álképviselet)

A situation where someone makes a legal statement in the name of another without the right of representation or by exceeding their power of representation; such a statement produces legal effects only with the approval of the represented party.

Power of Attorney / Authorization (meghatalmazás)

A unilateral legal statement that establishes the right of representation. It must be addressed to the representative, the relevant authority, the court, or the person to whom the representative is entitled to make a legal statement based on the authorization.

Prescription / Statute of Limitations (elévülés)

An effect of the passage of time resulting from the failure of the entitled party to act, affecting a claim that has already become due, whereby the enforceability of the claim against the debtor generally ceases, depending on the debtor's plea of limitations as a condition.

Acknowledgment of Debt (tartozáselismerés)

A statement where the debtor acknowledges their debt; the legal title of the debt does not change, but the debtor bears the burden of proving that the debt did not exist at the time of the statement, existed in a lower amount, was based on a claim not enforceable in court, or was based on an invalid contract.

Settlement (egyezség)

An arrangement where parties resolve disputed or uncertain issues arising from an obligation by mutual or unilateral concessions.

Divided Obligation (osztott kötelezettség)

When several parties owe a divisible service, the creditor can demand the respective part from each debtor. In case of doubt, debtors are obliged to perform services in equal measure.

Joint and Several Liability (egyetemleges kötelezettség)

When several parties owe an indivisible service, performance can be demanded from any debtor. It is also joint and several if debtors owe a divisible service in a way that the creditor can demand performance from any of them.

Multiple Creditors in Divisible Services (több jogosult osztható szolgáltatás esetén)

If multiple parties can claim a divisible service, each creditor can claim the part due to them. In case of doubt, creditors are entitled to demand equal shares of the service.

Joint Creditors (jogosulti együttesség)

If several parties are entitled to demand an indivisible service, performance must be made into the hands of all of them together.

Joint and Several Creditors (jogosultak egyetemlegessége)

When a claim belongs to several creditors such that each can demand the entire service, but the debtor is only bound to a single performance; the obligation ceases against all creditors if any one creditor receives satisfaction.

Interest (kamat)

The consideration paid for the use of someone else's money.

Late Payment Interest (késedelmi kamat)

From the date of default, the debtor is obliged to pay late interest at a rate equal to the central bank base rate valid on the first day of the relevant calendar half-year, even if the monetary debt was otherwise interest-free.

Set-off (beszámítás)

The debtor may perform their monetary obligation by offsetting their own matured monetary claim against the creditor via a legal statement addressed to the creditor.

Contract (szerződés)

The mutual and concurrent legal statement of the parties, which creates an obligation to perform a service and a right to demand that service.

Offer (ajánlat)

An addressed legal statement from the offeror intended for the conclusion of a contract, expressing intent to contract and covering essential issues.

Statement of Acceptance (elfogadó nyilatkozat)

An addressed legal statement expressing full agreement with the essential issues of the offer.

Preliminary Contract (előszerződés)

An agreement where parties commit to concluding a contract at a later date and establish its essential conditions; the court may create the contract based on these conditions at the request of either party.

Competitive Bidding Procedure (versenyeztetési eljárás)

A specific procedure resulting in the conclusion of a contract.

General Terms and Conditions (ÁSZF)

Contractual terms predetermined unilaterally by the user for the purpose of concluding multiple contracts, without the involvement of the other party, and which were not individually negotiated by the parties.

Nullity (semmisség)

A status where a contract is invalid from the moment of its conclusion.

Voidability (megtámadhatóság)

A status where a contract becomes invalid from the moment of its conclusion as a result of a successful challenge (contest).

Ineffectiveness (hatálytalanság)

A situation where a valid contract exists between the parties, but for some reason, no legal effects are attached to it.

Mistake (tévedés)

A party who was in error regarding an essential circumstance at the time of concluding the contract may contest their legal statement if the mistake was caused by the other party or could have been recognized by them.

Deception (megtévesztés)

A party whose mistake was intentionally caused or maintained by the other party may contest their legal statement made under the influence of that deception.

Condition (feltétel)

If parties make the effectiveness of a contract dependent on an uncertain future event, the contract's effect starts upon the occurrence of that condition.

Contract in Fraud of Creditors (fedezetelvonó szerződés)

A contract that deprives a third party of the basis for satisfying their claim, in whole or in part; it is ineffective towards that third person if the acquiring party acted in bad faith or received a gratuitous benefit.

Breach of Contract (szerződésszegés)

The failure to perform any obligation in a contractual manner.

Withdrawal and Termination (elállás, felmondás)

If a creditor's interest in contract performance ceases due to a breach, they may withdraw; if the situation before the contract cannot be restored in kind, they may terminate the contract, unless the law provides otherwise.

Cover Contract (fedezeti szerződés)

In case of withdrawal or termination, the entitled party may conclude a contract to achieve the original goal and claim the difference between the original and cover contract prices, plus costs, according to the rules of compensation.

Contractual Liability (kontraktuális felelősség)

The obligation to compensate for damage caused by a breach of contract. A party is relieved of liability if they prove the breach was caused by an unforeseeable circumstance outside their control and they could not have been expected to avoid it.

Partial Breach of Contract (részleges szerződésszegés)

A breach involving part of a divisible service, where consequences apply only to that part unless partial application would violate the creditor's essential legal interest.

Interim Breach of Contract (közbenső szerződésszegés)

A party commits a breach if they fail to take measures or make statements necessary for the other party to properly perform their contractual obligations.

Anticipatory Breach of Contract (előzetes szerződésszegés)

If it becomes obvious before the performance deadline that the debtor will not be able to perform and the creditor no longer has an interest in it, the creditor may exercise rights arising from delay.

Debtor's Default (kötelezett késedelme)

When the debtor fails to perform the service at the time it becomes due.

Creditor's Default in Acceptance (jogosult átvételi késedelme)

When the creditor does not accept the offered performance.

Defective Performance (hibás teljesítés)

The debtor performs defectively if the service, at the time of performance, does not meet the quality requirements set by contract or law. No defective performance occurs if the creditor knew or should have known of the defect at the time of contracting.

Warranty for Fitness / Implied Warranty (kellékszavatosság)

Under a contract where parties owe mutual services, the debtor is liable for defective performance via a warranty for fitness.

Product Warranty (termékszavatosság)

In case of a defect in a movable item sold by an enterprise to a consumer, the consumer can demand the manufacturer to repair the product or replace it (if repair is not possible within a reasonable time).

Consumer (fogyasztó)

A natural person acting outside the scope of their profession, independent occupation, or business activity.

Enterprise / Business (vállakozás)

A person acting within the scope of their profession, independent occupation, or business activity.

Guarantee (jótállás)

An obligation to be liable for defective performance during the guarantee period under conditions set by a legal statement or law. Relief is possible if the party proves the cause of the defect arose after performance.

Claim for Damages (kártérítési igény)

The debtor's obligation to compensate the creditor for damage resulting from defective performance, unless the debtor excuses the defective performance.

Warranty of Title (jogszavatosság)

In cases of onerous transfer of ownership or rights, if a third party's right prevents the acquisition, the entitled party must call upon the debtor to remove the obstacle or provide adequate security within a deadline.

Impossibility of Performance (teljesítés lehetetlenné válása)

The temporary or final failure of the possibility of contractual performance.

Refusal of Performance (a teljesítés megtagadása)

When a party refuses performance without a legitimate reason, the other party may choose to apply the legal consequences of either delay or impossibility.

Earnest Money / Down Payment (foglaló)

Money paid to the other party as a confirmation of the commitment, provided this purpose is clearly evident from the contract.

Liquidated Damages / Penalty (kötbér)

An obligation to pay money in the event of a breach of contract for which the debtor is responsible. Relief is possible if the debtor excuses the breach.

Forfeiture Clause (jogvesztés kikötése)

A written agreement where parties stipulate that the party responsible for a breach of contract will lose a right that they would otherwise be entitled to under the contract.

Assignment (engedményezés)

The transfer of a claim against a debtor from the original creditor to another party.

Payment Instruction (teljesítési utasítás)

A unilateral, addressed legal statement by which the assignor or assignee determines to whom the debtor must perform the existing claim.

Transfer of Rights (jogátruházás)

The act where the holder of a right transfers it to another, unless law excludes its marketability or unmarketability follows from the nature of the right.

Assumption of Debt (tartozásátvállalás)

An agreement between the debtor, the creditor, and a third party (assumptor) where the third party takes over the debtor's obligation; performance can then only be claimed from the assumptor.

Transfer of Contract (szerződésátruházás)

An agreement between the exiting, remaining, and entering parties to transfer the totality of rights and obligations from the exiting party to the entering party.

Tort Liability / Delictual Liability (deliktuális felelősség)

The obligation to compensate for damage caused unlawfully to another. The tortfeasor is relieved of liability if they prove their conduct was not imputable (culpable).

Joint Tortfeasors (többek közös károkozása)

If several people cause damage jointly, their liability towards the victim is joint and several.

Elements of Damage (kár elemei)

The reduction in the value of the victim's assets, the lost financial advantage, and the costs necessary to eliminate the financial disadvantages suffered by the victim.

Types of Damage (kár)

Tapadókár (Adjectival damage): damage occurring in the object of the service. Következménykár (Consequential damage): damage occurring in the rest of the creditor's assets.

Principle of Non-Cumulation (non-cumul elve)

The creditor must enforce damage claims against the debtor according to contract breach rules even if the damage also establishes tort liability outside the contract.

Income Replacement Annuity (jövedelempótló járadék)

A claim for a person whose working capacity has decreased due to the damage, if their income after the event is lower than before for reasons not imputable to them.

Maintenance Replacement Annuity (tartást pótló járadék)

An annuity for those entitled to maintenance from a person who died due to the damage. The tortfeasor is liable even if this consequence was not foreseeable.

General Damages (általános kártérítés)

If the extent of the damage cannot be determined, the liable person must pay an amount suitable for compensating the victim's loss.

Strict Liability for Hazardous Activities (veszélyes üzemi felelősség)

The obligation to compensate for damage resulting from activities involving increased danger. Relief is possible if the damage was caused by an unavoidable cause outside the scope of the hazardous activity.

Operator (üzembentartó)

The person in whose interest the hazardous activity or operation works.

Cases of Hazardous Operation (veszélyes üzem esetei)

1) Even a slight error can lead to severe damage; 2) Slight negligence of the performer can lead to severe risk; 3) It creates a danger to the life, physical integrity, health, or property of several persons.

Liability for Damage Caused by Others (Employees)

If an employee causes damage to a third party in connection with their employment relationship, the employer is liable to the victim.

Liability for Damage Caused by Others (Legal Person Members)

If a member of a legal person causes damage to a third party in connection with their membership, the legal person is liable to the victim.

Liability for the Agent's Damage (megbízott károkozásáért)

The principal and agent are jointly and severally liable for damage caused by the agent to a third party. The principal is relieved if they prove no fault in selecting, instructing, or supervising the agent.

Liability for Damage by Another Contract's Debtor

The creditor of another contract is liable for damage caused to a third party by their debtor during performance until they name the unknown tortfeasor.

Liability for Damage by Persons Lacking Capacity (vétőképtelen személy)

A person whose capacity for discernment is so limited that they cannot assess the consequences of their behavior is not liable for the damage they cause.

Liability for Damage in the Exercise of Public Authority

Liability for damage caused in an administrative capacity can be established if caused by the exercise or failure to exercise public power, and the damage could not be prevented by ordinary legal remedies or administrative litigation.

Product Liability (termékfelelősség)

The manufacturer of a defective product is liable for 'product damage'.

Product (termék)

Any movable item, even if it later became a component of another item.

Manufacturer (gyártó)

The producer of the final product, component, or raw material, as well as anyone who presents themselves as the manufacturer by placing their name, trademark, or other distinguishing mark on the product.

Liability for Damage Caused by Buildings (épületkárért)

The owner is liable for damage caused by falling parts of the building or deficiencies, unless they prove construction and maintenance rules were not violated and they did not act culpably to prevent damage.

Liability for Items Thrown, Dropped, or Poured Out

The tenant or user of a residence or premises is liable to the victim for damage caused by objects thrown, dropped, or poured out from the premises.

Building (épület)

A structure typically intended for human stay that partially or fully encloses space for specific purposes like work, storage, or residency.

Structure (építmény)

A place-fixed technical creation created by construction or delivered as a finished product that changes the land level, water, soil, or air space. It is a collective term for buildings and artifacts.

Liability for Animal Damage (állatkárokért)

The person keeping the animal is liable for damage caused by it, unless they prove they were not culpable in connection with the animal's keeping.

Liability for Damage by Game Animals (vadászható állat)

The person entitled to hunt on whose territory the damage occurred is liable. If not on a hunting territory, the person from whose territory the game emerged is liable.

Animal Keeper (állattartó)

The owner of the animal or the person who cares for and supervises the animal or livestock.

Main Feature of a Dangerous Animal

Not size or physical strength, but that its habits, lifestyle, and nature do not adapt to humans; its actions are guided by ancient instincts.

Unjust Enrichment (jogalap nélküli gazdagodás)

A person who gains a financial advantage at the expense of another without legal ground is obliged to return that advantage.

Management of Affairs without Mandate (megbízás nélküli ügyvitel)

Acting on behalf of another without being authorized by mandate or otherwise; the person must handle the matter as the interest and presumed will of the beneficiary require.

Conduct Inducing Reliance (utaló magatartás)

The court may order the compensation of damage where a person's intentional conduct led another person acting in good faith to behave in a way that caused them damage through no fault of their own.

Public Reward (díjkitűzés)

A public promise of a reward to the person who achieves a specific performance or result. The reward must be provided even if the result was achieved regardless of the promise.

Commitment for Public Interest Purpose (kötelezettségvállalás közérdekű célra)

A commitment to provide a free financial service for a specific public interest goal, setting conditions for its use and designating the beneficiary.