Birtokviszonyát

Birtokviszonyát refers to the legal concept of possession in Hungarian law. It denotes the actual control or holding of a thing by a person, regardless of whether that person has the legal right to possess it. Hungarian civil law distinguishes between lawful possession and unlawful possession. Lawful possession, or "jogos birtok," is when the possessor has a legal right to hold the property, such as ownership or a lease agreement. Unlawful possession, or "jogosulatlan birtok," occurs when the possessor has no legal entitlement to the property.

The concept of birtokviszonyát is important because it provides certain legal protections to the possessor, even if they are not the owner. For instance, a possessor has the right to defend their possession against interference from others. Hungarian law also recognizes the possibility of acquiring ownership through long-term, uninterrupted, and peaceful possession under specific conditions, a concept known as adverse possession or "elévülés." The protection of possession aims to maintain public order and prevent disputes over property by ensuring that changes in possession occur through legal channels rather than by force. The detailed rules and nuances of birtokviszonyát are primarily governed by the Hungarian Civil Code.