Legal issues Hungary

Getting married in Hungary as a foreigner involves careful preparation and adherence to specific legal formalities.

 

Main requirements

- Age restriction: Both partners must be over 18 years old.

- Voluntary consent: Marriage is concluded only with the mutual consent of both parties.

- Absence of impediments: Both partners must be free from previous marriages and not closely related.

 

Required documents

To register a marriage, foreigners will need to collect the following set of documents:

- Valid passport: The passport must be valid for the duration of your stay in the country.

- Birth certificate: Original, translated into Hungarian, and notarized.

- Certificate of marital status: Document confirming the absence of marital obligations, with an apostille and official translation.

- Document of residence registration: If you reside in Hungary.

- Residence permit: Visa or residence permit confirming the legality of your stay in the country.

- Divorce or death certificate of a previous spouse: If applicable, with corresponding translations and notarizations.

 

Marriage registration procedure

 

1: Preliminary consultation

Contact the local civil registry office for detailed information and review the list of required documents.

 

2: Application submission

Submission period: The application for marriage intention must be submitted at least 30 days before the intended date of the ceremony.

Translations and notarizations: All foreign documents must be translated into Hungarian by a certified translator and, if necessary, apostilled.

 

3: Wedding ceremony

Venue: The ceremony is usually held at the municipality building or another official venue.

Language of the ceremony: If you do not speak Hungarian, a certified interpreter must be present.

 

After marriage registration

- Obtaining the marriage certificate: You will be issued an official certificate in Hungarian.

- Document legalization: For the recognition of marriage in your country, an apostille or consular legalization of the certificate may be required.

- Visa status update: You might need to update or change your visa status based on the concluded marriage.

 

Additional recommendations

Consult specialists: If difficulties arise, contact a lawyer specializing in family law in Hungary.

Check the relevance of the information: Laws and requirements can change, so verify details with official sources or local authorities.

Registering the birth of a child in Hungary is an obligatory procedure to obtain a birth certificate, as well as to arrange citizenship and other documents.

 

Where to apply for registration

 

Birth registration is carried out at the local Civil Registry Office at the place of birth of the child or the parents' residence.

 

Registration deadlines

 

In case of birth in a medical facility: Registration must be made within 8 days from the date of birth. The hospital usually forwards the necessary data to the appropriate authority.

In case of home birth: Parents or medical personnel must report the birth within 3 days.

 

The following documents are required for the registration of a child's birth:

 

Parents' identity documents:

- Passports or personal identification (for Hungarian citizens and EU citizens).

- Residence permit or visa (for citizens of non-EU countries).

 

Parents' marriage certificate (if they are married): Original document, translated into Hungarian if necessary, and notarized.

 

Paternity statement (if parents are not married): Signed by both parents in the presence of a civil registry office employee.

 

Medical birth certificate: Issued by the medical facility or midwife attending the birth.

 

Proof of Legal Residence in Hungary: Foreign citizens may be required to provide evidence of their legal residence in the country.

 

 

Registration at the Consulate (for foreign citizens)

 

If one or both parents are citizens of another country, it is recommended to:

 

- Contact the embassy or consulate of your country in Hungary to register the child's birth and obtain the relevant documents (such as a foreign birth certificate or passport).

 

Additional Recommendations

 

Check the relevance of the information: Laws may change, so verify details with the local Office of Civil Registration or on official government websites.

Consultation with a lawyer: In complex situations (e.g., mixed citizenship of parents), seek professional legal assistance.

Starting your own business in Hungary requires an understanding of local legislation and compliance with certain procedures.

 

1: Choose a legal form of organization.

 

2. Prepare founding documents

 

Deed of Foundation: It must include information about the company’s name, its activities, the amount of share capital, and the management structure.

Signatures of the founders: Must be notarized by a Hungarian notary.

 

3: Open a bank account

 

After preparing the founding documents, it is necessary to open a bank account in a Hungarian bank and deposit the share capital.

 

4: Registration in court

 

The application for company registration is submitted to the Company Registration Court. Documents are submitted electronically through an authorized lawyer.

 

5: Obtain a tax number

 

After registration, the company automatically receives a tax number from the National Tax and Customs Administration.

 

6: Registration in the Cégkapu system

 

Since January 1, 2018, all companies are required to register in the Cégkapu system for electronic interaction with government bodies.

 

Additional permits and licenses

 

Depending on the type of activity, obtaining additional licenses or permits might be necessary. It is recommended to consult a lawyer or contact relevant authorities for clarification.

 

Tax Obligations

 

Companies in Hungary are required to pay the following taxes:

- Corporate Tax: The rate is 9%.

- Value Added Tax: The standard rate is 27%.

 

Accounting

 

All companies are required to maintain accounting records in accordance with Hungarian standards and submit annual reports to the relevant authorities.

 

It is recommended to seek consultation from professionals to ensure a successful start in entrepreneurial activities in the country.

The Role of Notaries in Hungary

Hungarian notaries are independent and impartial legal officers appointed by the state. They are authorized to draft and notarize official documents, ensuring their legal validity and authenticity.

 

Availability of Notary Services for Foreigners

Foreign citizens have equal access to notary services in Hungary. However, consider the following features:

Language Barrier: The official language of notary documents is Hungarian. If the client does not speak Hungarian, a translation of documents and the presence of an interpreter at signing may be required.

 

Translation of Documents: All documents presented to the notary in a foreign language must be translated into Hungarian by a sworn translator and properly certified.

 

Notaries Fluent in Foreign Languages

Some Hungarian notaries have the right to draft and notarize documents in foreign languages such as English or German. This can greatly facilitate the process for foreigners.

 

Additional Recommendations

Check the relevance of the information: Laws may change, so it is recommended to verify details directly with the notary or on official websites.

Types of divorces

 

Divorce by mutual consent

Conditions:

- Both spouses agree to the divorce.

- Agreement has been reached on all accompanying issues: child custody, alimony, division of property, etc.

Advantages: the procedure is faster and less costly; reduces the number of court hearings.

 

Contested divorce

Conditions:

- One of the spouses does not agree to the divorce or no agreement is reached on accompanying issues.

Features: the court conducts a detailed examination of the case; it is possible to call witnesses and present evidence.

 

Jurisdiction and applicable law

Local jurisdiction: The divorce is considered in the district court at the defendant's place of residence or at the last common place of residence of the spouses.

International aspect:

- If one or both spouses are foreigners, the norms of EC Regulation No. 2201/2003 (Brussels IIa Regulation) apply.

- It is important to determine which national legislation will be applied.

 

 

Consultation with a lawyer

It is recommended to consult a lawyer specializing in family law. The lawyer will help determine jurisdiction, prepare documents, and represent your interests in court.

 

 

Specific aspects for foreigners

 

Document translation: All documents in a foreign language must be translated into Hungarian by a sworn translator.

Document legalization: An apostille or consular legalization of documents from another country may be required.

Visa and immigration status: Divorce may affect your legal status in Hungary; it is recommended to consult with an immigration lawyer.

 

Alternative dispute resolution methods

Mediation: In some cases, the court may suggest or require mediation. It helps to reach an agreement on contentious issues without lengthy court proceedings.

 

Recommendations

Legal support: A professional lawyer will help you avoid mistakes and speed up the process.

State legal assistance

 

Ministry of Justice of Hungary

The Legal Aid Service of the Ministry of Justice provides free or discounted legal consultations and courtroom representation for low-income individuals.

- Eligibility: Hungarian citizens, EU citizens, and foreigners with valid residence permits.

- How to apply: Applications are submitted to local government offices at the place of residence.

 

Hungarian Helsinki Committee

The Hungarian Helsinki Committee is a non-governmental organization providing free legal assistance to refugees, migrants, and those seeking international protection.

- Services: Consultations on asylum, migration, and human rights issues.

- Contacts: Hotline phone and email address are available on the organization's official website.

 

Private legal firms and lawyers

 

Law firms with specialists proficient in foreign languages

For foreign citizens, it is recommended to consult lawyers who speak the required language, which will facilitate communication and understanding of legal nuances.

Online resources: Use official websites of bar associations or specialized directories to search for lawyers by their specialization and language skills.

 

Consultations at embassies and consulates

 

Embassies and consulates of your country in Hungary may provide a list of recommended lawyers or legal firms, as well as general consultations on legal issues.

 

Online resources and informational portals

 

- European e-Justice portal: Provides information about the legal systems of EU countries, including Hungary.

- Legal forums and communities: Online platforms where you can get advice and recommendations from lawyers and other users.

Sworn translation in Hungary

In Hungary, a sworn translation is an official translation performed by an authorized body or person with the right to certify the accuracy of the translation.

Hungarian National Translation and Attestation Office (OFFI): The only organization authorized to perform sworn translations in Hungary; provides translations into more than 90 languages and serves both private individuals and government institutions.

Procedure for Jury Translation: The client provides the original document or its certified copy to the OFFI office. The completed translation is done on OFFI's official letterhead with a signature and seal confirming its authenticity.

 

Alternative Translation Options

In some cases, translations done by other certified translators are permitted; however, such translations must be notarized.

 

Document Requirements for Translation

Original Document: The original or a notarized copy is provided.

Apostille or Legalization: Depending on the country of origin of the document, an apostille or consular legalization may be required before translation.

 

Recognition of Translations Outside of Hungary

Translations completed and certified in Hungary may not be recognized in other countries without additional legalization. It is advisable to check the requirements of the receiving party and, if necessary, affix an apostille to the translation.

 

Recommendations

Check the relevance of information: Legislation and requirements may change, so it is recommended to consult specialists or the relevant authorities.

Structure of the Judicial System

 

Local Courts: Handle cases of the first instance on civil, criminal, and administrative matters.

 

Regional Courts: Act as courts of the first instance for more serious cases and as appellate courts for local court decisions.

 

Appellate Courts: Hear appeals against decisions of regional courts.

 

Kúria: The highest judicial body ensuring the uniformity of judicial practice and reviewing cassation complaints.

 

Constitutional Court

 

The Constitutional Court of Hungary stands separately, not included in the general judicial system. Its main function is to ensure compliance of laws and regulations with the Constitution. The court also considers citizens' complaints about violations of constitutional rights.

 

Features of the Judicial System

 

Independence of Judges: Judges are appointed for an indefinite term and have immunity, ensuring their independence.

 

Publicity of Court Proceedings: Court sessions are generally open to the public, except in cases provided by law.

 

Accessibility of Justice: Citizens have the right to free legal aid under certain conditions, ensuring equal access to justice.

 

The judicial system of Hungary aims to ensure fair and efficient justice in line with European standards.

Legal Aspects for Foreign Buyers

Foreign citizens have the right to purchase real estate in Hungary; however, they need to obtain a special permit from local authorities. This permit is issued by the competent self-governing bodies and confirms that the purchase is in line with the interests of the local community.

 

Stages of Purchasing Real Estate

 

Search and Selection of Real Estate

Contacting a Realtor: It is recommended to cooperate with licensed real estate agencies that will help find a suitable property and negotiate with the seller.

Verification of Legal Status: Before purchasing, it is necessary to ensure that the property is free of encumbrances, debts, or legal disputes.

 

Conclusion of a Preliminary Contract

Contract Drafting: After agreeing on the terms of the transaction, a preliminary purchase agreement is concluded, fixing the main conditions of the deal.

Payment of Deposit: Typically, the buyer pays a deposit of 10% of the property's value.

 

Obtaining a Purchase Permit

Application Submission: The buyer submits an application to local self-governing bodies to obtain permission to purchase real estate.

Application Review: The review process may take several weeks.

 

Conclusion of the Main Contract

Contract Signing: After obtaining the permit, the parties sign the main purchase agreement.

Payment of Cost: The buyer pays the remaining amount of the property's value.

 

Registration of Property Rights

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Submission of Documents: The notary submits documents to the Land Cadastre for the registration of property ownership in the name of the buyer.

Receipt of Certificate: After registration, the buyer receives a certificate of property ownership.

 

Main Expenses of the Buyer

Property Transfer Tax: The buyer is obliged to pay a property transfer tax, which amounts to 4% of the property's value. This tax is paid once after the transaction is completed.

 

Legal and Notarial Services

In Hungary, purchasing real estate requires mandatory legal assistance. Generally, lawyers charge around 1%–1.5% of the property's value for the preparation and verification of the sales contract.

If a notary is involved in the transaction, additional expenses for their services may arise, although in most cases the involvement of a notary is not mandatory, and legal certification is sufficient.

 

Real Estate Agency Commission (in some cases):

In Hungary, the seller often covers the agency commission, but in some cases, the agency may include the commission in the final price, and the buyer partially covers these expenses. The agency commission ranges from 2% to 5%.

 

Recommendations

It is recommended to consult a lawyer specializing in real estate to accompany the transaction and verify all documents.

Guardianship

Guardianship is established in cases where the child's parents cannot fulfill their responsibilities for upbringing and care. A guardian is appointed by the court and is responsible for the child's wellbeing, including their upbringing, education, and medical care.

Key Aspects of Guardianship

Appointment of a Guardian: The court appoints a guardian from close relatives or other individuals capable of providing proper care for the child.

Duties of the Guardian: The guardian must care for the child's physical and emotional wellbeing, make decisions in their best interest, and represent them in legal matters.

State Control: The activities of the guardian are monitored by state authorities to ensure the child's rights and interests are upheld.

 

Adoption

Adoption allows a child to become a full member of a new family with the same rights and responsibilities as biological children.

Adoption Procedure

1: Application Submission: Prospective adoptive parents submit an application to the relevant child and family affairs authority.

2: Candidate Evaluation: A comprehensive assessment is conducted, including financial status, health, living conditions, and motivation for adoption.

3: Training: Candidates undergo mandatory preparatory courses aimed at understanding the needs of the adopted child.

4: Adoption Process: After candidates are approved, the process of matching a child suitable to the family's capabilities and expectations begins.

5: Court Decision: The final decision on adoption is made by the court, taking into account the child's interests and expert conclusions.

Requirements for Adoptive Parents

Age: The adoptive parent must be no younger than 25 and no older than 45 years.

Marital Status: Adoptive parents can be either married couples or single individuals.

Health: Candidates must be physically and mentally healthy to provide appropriate care for the child.

Financial Stability: A stable income and suitable living conditions are necessary.

International Adoption:

Foreign citizens can adopt a child from Hungary in compliance with international agreements and national laws. The procedure involves cooperation with accredited agencies and fulfilling the requirements of both the child's country of origin and the adoptive parents' country of residence.