New act on real estate register in Hungary, with special regard to the public authenticity (fides publica)

Abstract

The new Act C of 2021 on Real Estate Registration (hereinafter referred to as E-RER) stepping into force on 1^st October 2024, will fundamentally reform the substantive rules on real estate register incorporated and expanded in Act V of 2013, the Hungarian Civil Code in force (hereinafter referred to as HCC). The amendment also addresses the erroneous provisions of HCC revealed by judicial practice, but in our view, it exceeds this by how it has significantly modified the work-sharing and the hierarchy between the HCC and the law on RER. To take an example, it has restructured the provisions relating to the principle of public authenticity. After a short introduction to Hungarian real estate register system and its legal implications to civil law, this paper aims to deal with the legal concept of public authenticity, both in civil law and public law domain, the changing relationship between HCC and RER, and their amended provisions relating to public authenticity.