Civil law

Representing clients in civil actions (litigation and non-litigation)
Civil law is the most common area of law that is present in every person's life, even in its simplest form, whether it is a sale, the formation of a company, an inheritance dispute or any civil litigation. Even in a seemingly simple civil litigation or non-litigation procedure, it is important to choose the right lawyer with sufficient expertise in civil law.

Litigation

Representation in proceedings on the plaintiff's and defendant's side

Probate proceedings, will

Representation in probate proceedings, drafting wills

STRENGTHS AND VALUES

WHY CLIENTS CHOOSE US?

Over the past twelve years, we have successfully worked with hundreds of clients from more than 80 countries, spanning from Asia to the Americas. This extensive experience enables us to understand our clients’ needs and provide them with tailor-made legal services. Whether our client is a Hungarian, a foreign individual, or a prestigious corporation, we will find the right solution for them.

Our clients trust us. Our firm repays this trust by delivering high-quality work, communicating quickly and effectively, meeting deadlines, and offering transparent and clear pricing. 

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ABOUT OUR LAW FIRM

Everyone expects clear and practical advice from their lawyer in matters ranging from immigration cases to real estate sale and purchase transactions. We strive to simplify matters for clients and explain legal concepts in a simple and easy-to-understand manner. So we give advice and write contracts that everyone understands, while effectively protecting our clients' interests. We are able to communicate directly with our clients in English, Polish, and Vietnamese, in addition to Hungarian. Our law firm is a member of the Polish-Hungarian Chamber of Commerce, and we cooperate with several partner law firms abroad.

dr. György KECSER

ATTORNEY-AT-LAW

consultation

Consultations are by appointment only.
After the meeting, you will have a clearer picture of the options and the next steps.

Frequently Asked Questions

The fundamental difference between litigation and non-litigation lies in the existence of a dispute, its formality and its speed: litigation is the judicial settlement of a dispute between two parties of equal standing (plaintiff and defendant). The purpose of non-litigation is to enforce and recognise civil rights. It is a quicker and simpler procedure. 

 

Contracts can be concluded orally, by implied conduct or in writing. However, for some types of contract, the validity of the contract is conditional on it being in writing. Examples include contracts for the sale of immovable property, tenancy agreements and contracts of inheritance.

 

An invalid contract is a contract that is made between the parties but suffers from a serious defect. The Civil Code lists the grounds for invalidity. Depending on the defect, the contract is either void or voidable.

 

We distinguish between void contracts and voidability. If there is a ground for nullity, the contract is void from the date of its conclusion and the court finds the nullity of the contract of its own motion. In the case of a voidable contract, the party aggrieved is entitled to challenge the contract and only a successful challenge renders the contract null and void.

 

Legal representation is in principle mandatory in civil proceedings, unless otherwise provided by law. For example, in matters falling within the jurisdiction of the district court, the services of a lawyer are not generally mandatory. However, it is advisable to appoint a lawyer in order to ensure the success of the case, as a lawyer has the necessary substantive and procedural knowledge to ensure the success of the case.

 

The civil action starts when the application is lodged with the court. The court examines whether the application is admissible and, if so, serves it on the defendant, who may lodge a counterclaim, counterclaim or plea in bar.

 

The fee for civil proceedings at first instance is a sliding scale based on the value of the case. The fee payable is made up of a fixed basic amount and a statutory percentage of the amount exceeding the lower limit of the fee band.

 

Costs are defined as all costs incurred in the course of or in preparation for litigation and necessary to enforce the client's rights before the court. Examples include the fees payable when the proceedings are instituted, lawyers' fees, expert or interpreter fees.

 

As a general rule, the costs of a lawsuit are paid by the losing party. In the event of partial success, the parties to the action are liable for the costs of the action in the proportion determined by the court.

 

Inheritance can be either by testamentary disposition or by law. If no testamentary disposition remains after the testator, the rules of intestate succession apply. The legal heir is in the first instance the child of the deceased, and in the case of several children, each inherits in equal shares. Under the rules of intestate succession, the surviving spouse inherits in addition to the children.

 

In the event of the testator's death, he or she is free to dispose of all or part of his or her property by will. The testamentary disposition may be a will, a contract of succession or a gift on death.

The most common type of testamentary disposition is a will. A will is a unilateral legal declaration made by the testator in person, in writing or, in exceptional cases, orally. In order to avoid the question of the invalidity of a will, it is important to comply with the formal requirements of the type of will.

 

The possible grounds for invalidity of a will are defined by law. The most common reason is formal defect. Formal errors include, for example, if the date of the will does not appear on the document, if the pages are not numbered consecutively or, in certain cases, if the testator does not sign the will in the presence of two witnesses or does not acknowledge his signature.

In addition to formal defects, a will is invalid if the testator lacks capacity to make a will or does not have the intention to make a will, and if the contents of the will do not comply with the conditions of the law.

The will can be contested for any reason. In the event of a successful challenge, the succession will not be in accordance with the contested will, but in accordance with the lawful succession.

 

The minimum share that would typically be due to the testator's descendant or spouse if he or she were the testator's legal heir at the time the succession opened or would have been so in the absence of a will is called the intestate share. This means, therefore, that if the testator does not allocate any part of the estate to one of his legal heirs in his will, the legal heir not included in the will may still be entitled to the compulsory portion. 

In exceptional cases, however, the legal heir is not entitled to a compulsory portion. This is possible if the testator validly disinherits the heir concerned on one of the grounds specified by law.