Why Should Company Law Be Renewed From Time to Time?
In: Erdélyi jogélet, Band 3, Heft 2, S. 7-16
ISSN: 2734-7095
Is it necessary to renew the regulation of company law from time to time? On the one hand, company law reacts with its regulative environment, therefore the constant amendment, improvement of its rules seems reasonable. Yet, on the other hand, the core of company law is pure and stable, and there is no need to reinvent it. Hungarian company law has always been subject of constant modifi cations, yet we regard only three instances for its true renewal. The fi rst was the coming into force of the fi rst Act on Business Associations in 1988, which served as the means for the creation of market capitalism and thus led to the political changes that followed. The second was the coming into force of the Civil Code in 2014, which implemented a mainly default approach in the regulation of legal persons, a clear principle providing a wide range of freedom for legal entities in their internal affairs. The third, however, was not a planned and designed renewal, as it was forced by the new coronavirus pandemic. The rules to apply in the crisis overwrote even some of the hard-core rules of company law for the sake of fl exibility and simplicity – is it going to be the next trend in the course of renewal?