CISG: participating countries - Hungary Go to Database Directory || Go to List of Contracting States

Hungary

Effective date: 1 January 1988

Declarations and reservations:

Historical status: Hungary had filed an Article 96 declaration upon ratification of the CISG in 1983. Hungary had also filed certain remarks, purportedly under Article 90.

"In accordance with articles 12 and 96 of the Convention ... any provision of article 11, article 29 or Part II of the Convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance or other indication of intention to be made in any form other than in writing does not apply where any party has his place of business in the Hungarian People's Republic."

Comments: This is an authorized Article 96 declaration. A consequence of Article 12, among other provisions of the CISG, is that the CISG supersedes otherwise applicable requirements of form to conclude a contract for the sale of goods. A Contracting State that does not desire this files an Article 96 declaration.

Hungary has also advised that it considers the General Conditions of Delivery of Goods between Organizations of the Member Countries of the Council for Mutual Economic Assistance/GCD CMEA ... to be subject to the provisions of article 90 of the Convention.

Comments: This appears to be an accurate statement -- setting aside the fact that the Convention does not specifically authorize Article 90 declarations. See the Cross-reference editorial analysis of Article 90 for further information on the intent of Article 90

Current status: On July 6, 2015, Hungary deposited an instrument with the Secretary-General of the United Nations withdrawing its “written form” declaration under the CISG, and its remarks regarding Article 90. As reported on the United Nations website at http://www.unis.unvienna.org/unis/en/pressrels/2015/unisl219.html (press release, dated July 8, 2015):

“Under the CISG, contracts for the international sale of goods do not need to be concluded in writing in order to be valid unless a State deposits a specific declaration to that effect. By withdrawing the declaration it made upon ratification of the CISG in 1983, Hungary now accepts the provisions allowing freedom of contractual form. Hungary's action is part of a current trend for States to reconsider declarations made upon signing or acceding to the CISG. Withdrawal of these declarations increases the level of legal uniformity in the scope of application of the Convention.

Hungary also withdrew a declaration indicating that it considered the General Conditions of Delivery of Goods between Organizations of the Member Countries of the Council for Mutual Economic Assistance to be subject to the provisions of article 90 of the CISG.

The withdrawal of the declarations, which was announced at a special panel discussing current trends of international sale of goods law held during the United Nations Commission on International Trade Law's 48th annual session in Vienna, Austria, will take effect on 1 February 2016.”

See, Ulrich G. Schroeter, The Withdrawal of Hungary’s Declarations Under the CISG – Law and Policy, IHR (5/2015) 210-212


Pace Law School Institute of International Commercial Law - Last updated November 2, 2015
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