{"id":27598,"date":"2021-10-27T09:52:38","date_gmt":"2021-10-27T09:52:38","guid":{"rendered":"https:\/\/visegradlegal.hu\/?p=27598"},"modified":"2024-01-05T14:52:58","modified_gmt":"2024-01-05T14:52:58","slug":"supreme-court-the-entry-of-a-partys-successor-into-the-contract-does-not-constitute-an-amendment-of-the-contract","status":"publish","type":"post","link":"https:\/\/visegradlegal.hu\/en\/civil-law\/supreme-court-the-entry-of-a-partys-successor-into-the-contract-does-not-constitute-an-amendment-of-the-contract\/","title":{"rendered":"Supreme Court: the entry of a party’s successor into the contract does not constitute an amendment of the contract"},"content":{"rendered":"

In the business world, it regularly happens that there is not only a change in the position of the obligor and obligee under the contract, but also a need for one of the contracting parties to transfer its entire contractual position to a third party, with the approval of its contracting partner. \u00a0In this case, the former contracting party leaves the legal relationship and is replaced by the new contracting party, and the legal relationship remains otherwise unchanged. <\/strong><\/p>\n

Such a situation arises, for example, if a company separates and sells off a business line without this leading to a change in company law. Or, for example, when the owners of a contractor which starts the works decide, for economic reasons and with the agreement of the client, that the works should be carried out by another company in which they have an interest.<\/p>\n

In this case, the question may arise as to whether, from the point of view of the entering party, a new contract is created by the entry, or whether the change in the parties is merely an amendment and not the termination of the old contract and the creation of a new contract.<\/p>\n

In this issue, the Supreme Court examined the following elements:<\/p>\n