Mangelfolgeschäden im deutschen und ungarischen Recht

Defective performances and the damage resulting from these are a constant problem for which lawmakers thought they had found a certain solution. Ádám Fuglinszky questions this and examines whether or not the desirable extent of compensation for consequential damages has been found in the law presently in force or if it possible to find this at all. The reform of the law of obligations in Germany and the new codification of the Hungarian Civil Code as well as the nature of the consequential damages problem are a good reason for rethinking previous basic positions, for example full or complete compensation. In a direct comparison between the laws of Hungary and Germany, the author reveals new perspectives. He focuses on those instruments which limit liability, such as contractual disclaimers, negligence and causality. The author also analyzes the proposal for a new Hungarian Civil Code which contains a foreseeability clause in accordance with article 74 of the CISG.