Az elővásárlásra jogosultat külön kötelező termőföld-adásvétel semmisségéről

The Art. 13/A of Act CCXII of 2013 on certain provisions and transitional rules related to Act CXXII of 2013 on the turnover of agricultural and forestry land, which entered into force on 1 January 2024, states that rights and obligations of the pre-emptive right holder substituting the purchaser are governed by the provisions of the contract of sale applicable to the purchaser and prohibits the contract from containing special provisions regarding the pre-emptive right holder with the legal consequence of nullity of the entire contract. In the light of specificities of the freedom of contract and the pre-emptive right in agricultural law as well as with respect to the approval procedure of the agricultural administration, the paper presents and critically analyzes the widespread transactional practices that are contrary to the new legislation.