Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2019, vol. LIII, No. 4, pp. 1413–1427
Language of the paper: English
Overview paper
udk: 347.44:347.426.6(439)
doi: 10.5937/zrpfns53-24765
Author:
Máté Mohai, Senior Lecturer
University of Pécs
Faculty of Law
mohai.mate@ajk.pte.hu
Abstract:
The new Hungarian Civil Code – similarly to the Vienna Convention and the Principles of European Contract Law – regulates the so called contingency contract. A contingency contract is a special way of calculating damages. A contract is a contingency contract if the obligee replaces a quantity of goods not performed to him due to the debtor’s breach of contract. The obligee may enter into a contingency contract in the event of the impossibility or withholding of performance or in the event of a delay giving rise to a right of termination. Contingency contracts are concluded either for purchase or for sale.
Keywords:
contingency contract, Hungarian Civil Code, Vienna Convention, calculating damages, breach of contract.