Sometimes it happens in business life that the other party does not pay. In case the creditor takes legal action to recover the debt, it is very important to prove his claim against the debtor, which is usually based on written evidence. In this article, we examine how can the creditor use electronic texts or other communication to prove its claim during debt collection in Hungary.
As we pointed out in our last article, the rules on writing set out in the Civil Code are a guideline for all areas of law. Therefore, in our series of articles, we will start the examination of the areas of law with civil law. If we take a look at the judicial practice in Hungary we will see that in civil law, compared to other areas of law, there is a stricter approach and that text-based communication often does not meet the legal criteria of written form in civil law .
In addition to facilitating the provability of facts and statements, recording the declarations in writing is also a condition of validity in many cases, so its significance is undeniable. When we think of a writing format the first thing to come to mind is hand-signed documents. However, since the development of technology, various digital solutions, such as electronic signatures, e-mail or SMS, have become more and more widespread. However, the question is whether these modern solutions really meet the criteria for writing. Given that this is a relatively recent and constantly evolving issue, to which we can find different answers in each area of law, we will explore this topic in a series of articles, what may be interesting to all market player. In this article we will present the legal basis of writing and find out in which cases it is mandatory. We will then go around what are the challengers of the "traditional" written form due to modernization. And finally, we present which areas of law we will examine in detail in our series.