The Time Limits for Enforcing Claims and Exercising Rights: Preclusive Terms and Period of Limitation in the viewpoint of the Proposal of the New Hungarian Civil Code

Abstract

The New Proposal of the Hungarian Civil Code was submitted by Government before the Parlament on 11th of July 2012. This Proposal reviews the provisions on the prescription and on the term of preclusion, attempts to harmonize the current judicial practice, the international background and the legal tradition of the Hungarian civil law with the operative legal regulation. This paper reviews the changes in the provisions related to prescription and preclusive terms, and investigates whether the internal coherence of the provisions has been achieved. The paper surveys provisions on prescription of the Draft Common Frame of Reference and the Convention on the Limitation Period in the International Sale of Goods.