The Individual and the Environment: The New Hungarian Civil Code

Abstract

"This publication is devoted to various means of ensuring the collective rights of individuals to a healthy environment, and in particular to a special instrument of law, the actio popularis. The history of this dates back to ancient times, though its current forms are not identical with those of Roman law. This legal institution is used in many countries of the world, and not solely for environment protection. Consumer protection and environment protection are correlated both in law and in other social domains. The public prosecutor and the green ombudsman have special rights in the area of environment protection, and the ordinary citizen too should have the right to take steps to defend the natural and civilizational environments. The new Hungarian Civil Code, due to come into effect on May 1, 2010, is designed to be an environmentalist civil code which considers the ancient dilemma of collectivist and/or individualist treatment of social problems. The tools of private law will be adapted to the level of public law in the service of environment protection. The goals are given: the existing and the forthcoming regulations are to be adequately implemented under the auspices of environment-consciousness."