Civil organisation's role in family law in Hungary

AutorZsofia Kaprinay
Páginas203-208

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In Hungary, similarly to all over Europe, people having common values or mutual interests and similar life situations may establish civil organisations in order to enforce their interests and goals. Our society was in lack of solidarity, mutual assistance and the ability to represent common interests, and due to the political system, civil organisations did not exist in the present sense until the 1990’s. During the decades of the socialist era institutional education had become ideal instead of family. There were no services aiming to solve conflicts of married couples and crises of family life. There was socially organised and legally regulated solution only for divorce. The political power was forced to let those needs and individual initiatives prevail that could not been carried out by the state. Thus, at the end of the 1980’s the new legal framework emerged that reflected the political intention of authorizing the establishment of civil organisations. The legislation regulating foundations was adopted in 19871, and the act on associations in 1989,2 which constituted the legal basis of the operation of civil organisations, but at the same time the legislation forced the forms, and financial and tax conditions of market economy onto charitable organisations as well, which resulted in difficulties for them. However, because of the scarcity of financial resources and the exclusivity of non-market aspects, the effectiveness of civil organisations in the field of family law is essential. When examining the aspects of effectiveness, voluntariness is to be considered the most significant attribution of civil initiatives, since not only belonging to the particular organisation, but having resort to the ensured service is voluntary as well. Civil initiatives occur in the existing fields not covered by state and

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market institutions. Therefore their goals of services affect smaller and more concrete fields, and they are closer to the viewpoints of prevention. The community belonging to such an organisation may play a significant role in the persistence of the individual or the family, connected to the service, to their original intention, that is, they do not give up the voluntarily undertaken relationship. This way the investments and expenditures can remunerate more easily. These organisations may naturally involve, and in most cases they indeed involve experts, but they are still not considered to be professional organisations, but rather their family-friendly nature and clear values take them forward.

The legal framework of civil organisations has changed significantly in the past couple of years in Hungary. Most parts of the act regulating these organisations, also known as the act on associations, legal status of public utility, and the operation and support of civil organisations entered into force on 1 January 2012. This act constituted the definition of civil organisation in Hungary including two organisations: foundation and association. This new act comprehensively regulates the operation and registration of these organisations, as well as their administration, accounting, legal status of public utility and termination. Besides, the new Civil Code of Hungary (hereinafter referred to as Civil Code)3 includes the rules on each type of legal persons, thus on foundations and associations as well. The new Civil Code has brought significant changes both in its content and structure. On the one hand, it formulates a general provision on legal persons applicable to all legal persons, therefore, to associations as well, and on the other hand, it disposes of associations in more details, which does not necessarily ease the job of legal professionals or civil organisations.

There are certain fields of family law, where these organisations have very important role and can operate effectively. These are usually those fields, where the affected party needs mostly psychical aid and solidarity, support and sympathy, often accompanied by the necessity of financial aid. There are more fields to be mentioned, such as the protection of children’s rights, adoption, mediation, and the prevention of domestic violence, however, in this study I aim to put the emphasis on the protection of children’s rights and interests.

The protection of children is fundamental right in Hungary as well, according to which every child shall have the right to the protection and care necessary for his or her proper physical, mental and moral development.4 The protection of the interests of the child is one of the most important principles

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in family law5, since children are in weaker position with respect to their age and status. Therefore in lack of family relations they need special protection and support6. Article 3 point 1 of the New York...

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