Hatályosság

Hatályosság is a Hungarian legal term that translates to "validity" or "enforceability" in English. It refers to the legal status of a rule, law, contract, or any other legal instrument, indicating whether it is legally binding and can be applied.

The hatályosság of a legal norm or document is determined by various factors, including its proper enactment or execution, its compliance with higher-ranking legal provisions, and the fulfillment of any formal requirements. For instance, a law must be enacted according to the procedures set by the constitution to be considered hatályos. Similarly, a contract’s hatályosság depends on the parties' capacity, lawful object, and the absence of any vitiating factors like fraud or duress.

A legal instrument that lacks hatályosság is considered void or invalid, meaning it has no legal effect and cannot be enforced by courts. The concept of hatályosság is fundamental to the legal system, ensuring that only legitimate and properly established rules and agreements have legal force. It plays a crucial role in legal certainty and predictability, allowing individuals and entities to rely on the law and their contractual relationships. The absence of hatályosság can lead to disputes and legal challenges, as parties may seek to have a rule or agreement declared invalid.