on the sui generis nature of an action aimed at the termination of a land lease with notice
In proceedings conducted on the basis of a motion for a preliminary ruling submitted by Panel No. P.V of the Curia, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
If a lease agreement is terminated (as defined in Sections 58-60 of Act CCXII of 2013 on Certain Provisions and Transitional Rules in connection with Act CXXII of 2013 on the Sale of Agricultural and Forestry Land), and if the other party does not accept the termination within the period specified by law or protests this in writing after 1 January 2023, the action – which aimed at declaring that the legal relationship for land lease was terminated by a person who exercised the right of termination – shall be classified as action for sui generis declaration. That is, in the case of this type of action, the court shall not be obliged to examine the existence of the conditions specified by Section 172 (3) of Act CXXX of 2016 on the Code of Civil Procedure.
2. The Curia’s Panel No. P.V, which submitted the motion, may depart from the legal interpretation of Curia Decision No. Pfv.21.479/2018/7.
3. Curia Decision No. Pfv.21.479/2018/7 and other Curia decisions with similar content may no longer be invoked as binding.