I am Dr. Dávid Barnóczki, lawyer. I graduated from the Faculty of Law and Political Sciences of Pázmány Péter Catholic University. I have been practicing law for more than 12 years, my experience covers a wide range of legal fields. My practice has been in the fields of civil law, labour law, commercial and economic law, criminal law, administrative law, constitutional law, mediation, litigation and non-litigation.
The different areas of law are interconnected and it is therefore essential to recognise the relationship between the laws. As a data protection officer, for example, I am aware of how data protection relates to civil damages law or even employment law, or as a public procurement consultant, how contracts can be amended in public procurement cases or what the criminal law consequences of certain breaches of contract may be.
I wrote my PhD thesis in competition law and published several scientific articles on the subject in Hungarian and foreign languages, so I am familiar not only with Hungarian competition law, but also with the competition rules of the European Union.
In view of my many foreign clients, I provide legal services and advice in English and Spanish, as well as drafting and editing documents.
The activity of the law firm involves inter alia the followings:
Buying a property is always a significant event in one's life. Whether it is an apartment, a house or a plot of land, the involvement of a lawyer or a notary is mandatory. It is important to know how the tax and duty payment rules are implemented. For example, after 5 years from the date of acquisition of the property, no tax is payable. The question is when a gift contract is better than a sale. Between direct relatives or spouses, the transaction is tax-free and the gift is less administrative. In addition, if there is a right of preemption on the property, it may be worth making a gift, thereby the right of preemption cannot prevail. Furthermore, when buying, it is important to be aware of the concepts of deposit and down payment.
If you would like to conclude a contract for the sale or gift of real estate, please contact me.
An important requirement for rental contracts is that they must be in writing. Many people are not aware that there are special rules for terminating such contracts and that they cannot be terminated from day to day, and often not even by the end of the month.
If the tenant does not move out of the property after the notice of termination, he or she may be charged by fee. It is important to note that an eviction case can take a long time, so it is important that the part of contract regarding termination be involved in a notarial document.
If you would like to draw up a legally protected tenancy agreement, or if you feel that the tenancy agreement contains unfair terms or you wish to evict the property, I am at your disposal.
In the context of contracts for work and services, it is always necessary to pay attention to how the contract is performed. Adequate provisions can guarantee contractual obligations and entitlements. Some contracts are subject to special rules (e.g. construction contracts).
In the European Union, consumer protection and competition rules are especially important, and should be taken into account when drafting contracts to avoid infringements. For example, market-sharing agreements between contracting parties may constitute cartels and in many cases the principal/contractor abuses its dominant position by imposing certain contractual provisions which are unfair and therefore invalid.
If you feel that your contractual partner is not giving you fair terms, you should contact me with confidence.
According to the old Hungarian Civil Code, under a contract of carriage, the carrier is obliged to deliver the goods specified in the contract to the customer at the agreed time or period, and the customer is obliged to take delivery of the goods and pay the price. The new Hungarian Civil Code no longer names the contract, but it still exists in practice. Under the contract of carriage, the carrier is obliged to forward the consignment to its destination and deliver it to the consignee, and the consignor is obliged to pay a fee.
In both cases, it is important to regulate the risk of transfer and responsibility.
As cross-border activity is often involved, it is necessary to comply with EU rules and international treaties, in particular the 1969 Vienna Convention, and competition rules. Many people do not know it, but there are also strict consumer protection rules to comply with, which means, in particular, full and fair information.
In such contracts or legal transactions, it is also important to stipulate jurisdiction (court) in the event of a dispute and to set out in the contract the law applicable and the rules of procedure and certain safeguards (e.g. penalties, deposits).
If you need a contract for cross-border transactions, in English or Spanish, please contact me.
Civil society organisations such as associations (including sport clubs), foundations and federations are the self-organisation of society. In accordance with the practice of the courts, these legal persons must comply with strict procedural and formal requirements which do not allow for many deviations in content and form. Bearing in mind that I myself am involved with several NGOs and am a member of one form or another, I am at your disposal for efficient administration, properly drafted documents and legal representation.
Family law includes, for example, divorce, which can be split into a divorce
for the dissolution of a marriage and a matrimonial property division action.
Importantly, the two cannot be linked. If one of the spouses wants to divorce in
classic sense, he or she must bring a divorce action. This can be based on a
agreement or on a litigation. In the prior case, agreement must be reached on
certain ancillary issues, such as:
a.) the exercise of parental custody over the child,
b.) visitation rights between the separated parent and the child,
c.) the child support,
d.) the use of the matrimonial home and,
if there is a claim to this,
e.) spousal maintenance.
All this must be approved by the court.
Settlement is recommended in many respects, given that it is time and cost effective, and less emotionally burdensome for the client, not to mention the possible minor children in the proceedings. It is recommended that the settlement be set out in an agreement countersigned by a lawyer in order to be legally accepted by the court.
Many people don't know that foreigners can also get divorced in Hungary, and special rules apply to them, but the procedure is definitely cheaper and quicker than if you have to travel thousands of kilometres to file a lawsuit while the spouses (or one of the parties) live and work in Hungary.
If there is also a property dispute between the parties, a matrimonial property division action should be brought. In many cases, a matrimonial property agreement will provide a solution to this issue. Bearing in mind that, in practice, it is often difficult for the parties to make a difference between separate property and the community property, it is advisable to seek the help of a lawyer.
A situation that has become settled after divorce, e.g. support, visitation rights, parental custody, should not be considered as a perpetual arrangement. If for some reason there has been a significant change in living conditions, these can be changed, e.g. an increase or decrease in maintenance payments, or a change in parental custody and/or contact. For a successful case, please contact me.
The testator is free to dispose of all or part of his or her property on death by will. However, it is important to specify how this can be done. In practice, wills and contracts of succession are the most common. Both are subject to strict substantive and formal requirements, the absence or defective drafting may be the reason to be invalid.
If you would like a valid will or succession contract, please contact me to ensure that you comply with the law.
The most common infringements in labour lawsuits are wrongful dismissal by the employer, accidents at work and non-payment of certain wages. Many people do not know that if an employer does not pay wages by the 10th of each month, the employee can quit with immediate effect. And when it comes to dismissals, it is not enough for the employer to give a general reason for the dismissal, but he or she needs to have a concrete and real reason, which in many cases is not given. If you feel that your employer has not acted properly or you want to manage your labour issues legally safe, I am available.
The new Complaints Act has entered into force and all businesses must comply with it under certain conditions. The legislation requires the establishment of an internal complaints procedure, subject to strict rules. Failure to do so could lead to severe sanctions. If you do not already have such a policy, or if you are not sure that it fully complies with the law, please contact me.
When an entrepreneur decides to set up his or her own company, to modify an existing company, to sell it or to merge it with another, it is an important step in his or her life. In such cases, it is important to know which company form and tax regime is best suited to the needs of the business, e.g. limited liability company, joint stock company, or a limited partnership. In many cases, business owners are not clear whether a simple company with a regular establishment document is sufficient or whether they need a more complex document with specific provisions. Many are not even aware that a secret agreement (syndicate agreement) allows them to settle their property relations within the company in the event of the death of an owner without having to manage the company with the spouse or heirs of the former owner in the future, for example, following inheritance proceedings. This has the additional advantage that such a contract is not made public, unlike the establishment documents (articles of association) in the companies register. All of this can be safely arranged with a legally well structured company, with the right regulations and documents, and I can provide with precise assistance.
Competition law should not be confused with sports law. Competition law aims to regulate the behaviour of market players in the market. It is prohibited to engage in economic activity in a manner that is unfair, in particular in a way that harms or jeopardises the legitimate interests of customers, buyers, and users (together referred to as "business partners") or competitors, or in a manner that is contrary to the requirements of fair business practice.It is also prohibited:
Competition law also has a strong consumer protection dimension, so it is important for responsible businesses to be aware of the competition rules and the consequences of possible infringements. My office can also provide expert assistance on competition law issues.
In criminal cases, it is very important to know what can be used in evidence and how. Once a case has reached the phase of prosecution, it is necessary to properly identify mitigating and aggravating circumstances in addition to the evidence, which can reduce or avoid a sentence. However, the best way for the defence to act is to have a lawyer present at the start of the proceedings (the investigation) to supervise the procedural steps. My practice mainly deals with economic crimes, such as budget fraud, money laundering, embezzlement, misappropriation of funds and traffic offences. If you need defence or victim representation in criminal or misdemeanour proceedings, please contact me.
Immigration law is one of the areas of law that is constantly changing and new rules are emerging. The immigration authority, as the investigating authority, examines whether certain conditions are met in the course of a procedure, but many clients do not know how to present evidence properly or otherwise substitute it, which is likely to result in their application being rejected.
There are two main ways for a third-country national to work in Hungary: with a
residence permit or a permanent residence permit.
1) A residence permit can be, for example work residence permit, white card (for work with computers (digital technology) (classic home office), residence permit for family reunification (but you must apply for a work permit separately), residence permit for gainful employment (self-employed or company manager), and Hungarian Card or EU Blue Card.
2) The permanent residence permit can be: national permanent residence permit (after 3 years in Hungary), EU permanent residence permit (as a rule after 5 years in Hungary), and temporary permanent residence permit.
With a permanent residence permit, the work does not need to be approved by the Immigration Office, as in the case of a work residence permit. If you wish to apply for a residence or permanent residence permit, or if your application has been rejected, I can provide you with professional assistance.
As a public procurement consultant, I have experience in public procurement procedures on both the contracting authority and the tenderer side. Preparing a properly drafted call for tenders/notices and a proper contract requires a high degree of legal precision, as does the whole procedure. If you need high quality legal assistance in public procurement procedures, please contact me.
There are several ways to enforce a claim. In the best case, a letter of demand from a lawyer may be sufficient to convince the debtor to pay. If this is not successful, it is possible to enforce the claim by the order for payment procedure or the civil action with a final decision. In the absence of voluntary performance, the judicial executor is entitled to enforce the claim. Otherwise, e.g. the offence of private justice may be committed, since a person who, by force or by threat of force, with the purpose of enforcing his lawful or allegedly lawful pecuniary demand, compels another person to do, not to do, or to endure something, is guilty of a felony punishable by imprisonment between one to five years.
In view of this, it is important to ensure that the claim is made in compliance with the law. In some cases, enforcement can be initiated directly, without the need for a lengthy litigation process. This is the case, for example, when a claim in a notarial document is not performed and the notary provides a clause on it. In the case of a lease contract, it may be recommended to include the termination part in a notarial document so that enforcement can be directly initiated in the event of "non-payment".
In the case of enforcement, it is important to note that, irrespective of the amount and type of claim, the requirement of proportionality or gradualness must be respected, which means that the debtor's property cannot be auctioned immediately if, for example, other assets or bank accounts can cover the amount of the claim. Debtors are often unaware of this and it can be open to abuse.
If you have unpaid claims and wish to claim them through legal action, I am at your disposal.
The bankruptcy and liquidation procedure give businesses the opportunity to settle their debts or creditors to enforce their claims. Bankruptcy is a procedure whereby a debtor is granted a moratorium on payments in order to reach a bankruptcy settlement. Liquiditations are proceedings for the purpose of obtaining claim of creditors. Where liquiditation is requested by the creditor, the proceedings must, as a general rule, be accompanied by proof of the debtor's notice in written, which is subject to specific requirements. Generally speaking, an application for the liquidation of a debtor may be made if the amount of the claim (excluding interest and contributions) exceeds HUF 200 000. The procedure can be an effective way of recovering overdue debts. If you are an entrepreneur and would like to enforce your overdue debt quickly, please contact me.
If you need a lawyer or any legal advice, please do not hesitate to contact me!
Üllői út 65-67. V/24.
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