The operative part of uniformity decision no. 7/2021 PJE

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on the enforcement of the rules governing transfers of contracts under Act No. V of 2013 on the Civil Code

The transfer of a contract as regulated under Act No. V of 2013 on the Civil Code means transfer of all rights and obligations of the party leaving the contract to the party entering into the contract, resulting in legal succession between the parties leaving and entering into the contract while the continuity of the legal relationship is maintained.

If all rights and obligations arising from a contract concluded before the entry into force of Act No. V of 2013 on the Civil Code are transferred to another party under a statutory provision on or after 6 January 2016, the contract will thereafter be governed by the rules set out in Act No. V of 2013 on the Civil Code. In such cases, too, the transfer of contract will constitute legal succession, with the proviso that - for the purposes of section 53/C (2) of Act No. CLXXVII of 2013 on the Transitional and Authorizing Provisions related to the Entry into Force of Act No. V of 2013 on the Civil Code - the contract will be regarded as a new contract between the party remaining in the contract and the party entering into the contract. The content of the contract, the parties’ rights and obligations arising under the legal relationship will remain unchanged.