According to the current wording of the Code of the Civil Procedure, a private document, until proven otherwise, must have full probative force, verifying that the issuer has in fact made the statement that the document contains, or undertakes to consider himself bound by such statement, provided that the rules regarding the form of using witnesses is observed.
We have reported in our previous newsletter about the new formal requirements of using witnesses defined by the new Code of the Civil Procedure applicable from 1 January 2018. According to the original wording of the new act, the name and the address of the witnesses should be handwritten under his/her signature and must be readable. However, before the Code of the Civil Procedure entered into force on 1 January 2018, a new modification was approved by the Hungarian Parliament in November 2017 regarding the referred section. The new rules require only the readability of the name and the address of the witnesses, accordingly, the handwriting is not required for the name and the address of the witnesses.
By Rita Parkanyi, Partner, KCG Partners Law Firm