Wednesday, January 23, 2013

The term of “family” cannot be limited to the relationship of a man and a woman


The Constitutional Court – with its ruling No. II/3012/2012. – has annulled Section 7 of Act CCXI of 2011 on the Protection of Families, which unduly narrowed the term of family.

The above mentioned act defines the family as an emotional and economic community in a system of relations, based on the marriage of a man and a woman, or lineal descendants, or guardianship.

This definition complies with the marriage and family protecting clause of the Constitution (Article L. of the Constitution), however, it only includes a part of the possible and existent family relations. Because it does not follow from Article L. of the Constitution that the relations included in the wider sociological term of family, based on mutual care and permanent emotional and economic community, aiming at the same goal (e.g. like the partners caring about and raising each other’s children, partners not wishing to get children, or  partners of different sexes who cannot have children through other reasons, the widows, persons caring about their sibling or children of their siblings or other kin, or those caring about an elder kin of the ascending line, etc.)  would be excluded from the obligation of the republic on protecting the institution.

Considering, that the family, in a wider sense, is under the protection of the Constitution, the legislator may not enact provisions which narrow the constitutional conception of the family.

Present ruling of the Constitutional Court will have effects in Hungary on the new Civil Code as well as on the subvention system of the families. 


Contact for further information:

Dr. Barbara Gál, Associate

+ 36 1 270 99 00

Tuesday, January 15, 2013

Welcome to the BWSP Gobert and Partners legal Blog, where you will be able to read interesting articles of our Partners, Lawyers and Junior Associates. Before we post our first article here is a little background information on our firm:

BWSP Gobert & Partners Attorneys and Tax Advisors was founded in 2002 and started as an affiliate to one of the largest law firms in Hungary and a “big-four” tax and accounting firm in the early 90’s. Being formerly associated with such names as Arthur Andersen, Pinsent Masons and Ernst & Young, today BWSP Gobert & Partners is a completely independent full-service commercial law firm with a well experienced and dynamic team. Currently our firm consists of 3 Partners with altogether more than 40 years’ experience in tax and legal services in various international firms, and a total number of 15 professionals of which five are dealing with tax and ten with legal services. We handle all types of projects – from relatively simple issues to complex and cross-border long term ventures. What makes our services different is in-depth knowledge of Hungarian business and understanding of both tax and legal aspect of our clients’ needs.

Our professionals offer legal support in many languages, such as Hungarian, German, English, Russian, French, Spanish and Italian. The areas of BWSP Gobert & Partners expertise include but are not limited to corporate and commercial law, tax, real estate, M&A, dispute resolution, labor, finance, data protection as well as restructuring, media, property, litigation, IT&IP, insolvency procedures and energy law. We have in-depth knowledge and understanding of cross-border acquisitions in particular.

Many of our clients already are, or aspire to be international and are demanding the same high level of service wherever they operate, and answering this requirement, the quality of our legal and tax counseling is ensured by the high-level professional qualifications of our colleagues. Our team is constantly developing their competences and is being published by reputable sources. We make sure that our clients receive advice from lawyers who are always experts and often leaders in their field.

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