Legal and systematic issues concerning the distinction between simple and fiduciary activity contracts de lata and de lege ferenda

Abstract

The study examines the dogmatic characteristics of work contract, mandate contract and employment contracts, paying particular attention to the boundaries between activity-based and fiduciary obligations. The author notes that, in practice, long-term business and mandate relationships are becoming increasingly similar to employment contracts, resulting in significant overlap between the three types of contract. The study also reviews termination rules and the specific legal consequences of the long-term nature of these contracts, which are currently only partially reflected in the Hungarian Civil Code. The author proposes that long-term work and mandate contracts be regulated in a separate section of the Civil Code in force, following the model of mandate contracts and ensuring systematic uniformity.