jóhiszemségét

Jóhiszemségét, often translated as good faith or bona fides, is a fundamental principle in Hungarian law and legal practice. It signifies a person's honest and sincere intentions, their belief in the truthfulness or validity of something, and their acting without malice or intent to deceive. This concept is deeply ingrained in various areas of Hungarian jurisprudence, influencing contract law, property law, administrative proceedings, and even criminal proceedings.

In contractual matters, for instance, a party is presumed to act in good faith unless proven otherwise. This means that parties are expected to fulfill their obligations honestly and cooperatively. If a party acts with jóhiszemségét, their actions are generally protected, even if they later turn out to be based on a misunderstanding, provided that misunderstanding was genuine and not due to negligence. Conversely, acting in bad faith, or rosszhiszemségét, can have significant legal consequences, leading to contract nullification, damages, or other penalties.

The principle of jóhiszemségét also plays a role in establishing rights and obligations. For example, in property law, a person who acquires property in good faith, believing they are acquiring it from the rightful owner, may have certain protections even if the seller was not the true owner. In administrative law, authorities are expected to act in good faith when dealing with citizens, and citizens are expected to provide truthful information. The underlying idea is to foster trust and predictability in legal relationships and to ensure fair outcomes based on honest dealings.