Important Information About General Terms and Conditions Subject to Special Review

In today’s publication, we aim to provide detailed information regarding the general terms and conditions subject to special review and their legal implications. In some cases, despite the parties’ signatures, explicit acceptance after proper notification is required for the validity of the contract to be ensured. These conditions cannot automatically become part of the contractual practice unless the appropriate special review and necessary notification have been made.

What is a Contractual General Terms and Conditions Subject to Special Review?

General Terms and Conditions subject to special review are those terms that do not automatically become part of the contract, even if the parties have signed them. The validity of the contract is only ensured if the condition is expressly accepted. According to laws and contractual practices, these conditions only take effect if the party is properly informed and explicitly accepts them. Such conditions and the obligation for explicit notification play an important role during contract formation.

When Do Special General Terms and Conditions Become Valid?

According to the law – Section 205/B (2) of the old Civil Code and Section 6:78 (2) of the new Civil Code – it is essential for the parties to acknowledge and expressly accept conditions that differ from previously applied contractual practices. Therefore, signing alone is not sufficient; specific notification is required for the acceptance of different conditions.

Special conditions, which differ significantly from normal contractual practices, only become part of the contract if they are explicitly accepted. During the special review, proper notification is necessary to ensure that the parties acknowledge and expressly accept the changes to the terms. In the case of such conditions, extra attention should be given to the contract’s validity to avoid legal disputes.

What Types of General Terms and Conditions Are Subject to Special Review?

Deviation from Standard Contractual Practice
If the contractual terms differ significantly from the usual market practices, explicit notification and acceptance are essential during special review. Such deviations are not automatically considered valid, and proper notification must be provided to ensure the contract’s validity.
Conditions Contradicting Applicable Laws
General Terms and Conditions that are contrary to current laws also fall under special review. In such cases, the express consent of the parties is required for them to be valid. Legal regulations and the notification obligation clearly state that these terms cannot automatically become part of the contract.

Why Is Explicit Notification and Acceptance Important?

For General Terms and Conditions subject to special review, it is crucial that the parties are aware of any changes that deviate from the usual contractual practices. Proper notification and explicit acceptance prevent terms from coming into effect that could violate the rights of the parties involved. These conditions fall under special review and can only become part of the contract if they are properly accepted.

What Does This Mean for Companies?

Companies must pay particular attention to ensuring that the special General Terms and Conditions they apply comply with the law. If these conditions are not properly applied, they will not be valid for the contract’s validity. Companies must ensure that they provide proper notification and fulfill their notification obligations to avoid legal disputes and ensure the legality of their contracts.

Final Thoughts

Proper handling of general terms and conditions subject to special review is crucial for the validity of contracts. Companies must be aware of the laws, notification obligations, and required notification procedures to avoid legal disputes and ensure the legality of their contracts.

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Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)

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