Compensation must put the victim in a position as if the damage had never occurred. Within the Hungarian legal system, compensation can be considered in two distinct areas. These are non-contractual damages and damages caused by breach of contract. Damages must be paid by the person who causes damage to another person by non-contractual tort or delict.
Damage is any harm to a person or property caused by the actions of another. We distinguish between material damage (actual damage, costs incurred and loss of profit) and non-material damage.
Damage caused by non-contractual damage:
The law prohibits unlawful damage.
The Civil Code, in Article 6:520.states: “Every tort is unlawful unless the tortfeasor has caused the damage a) with the consent of the injured party; b) in order to avert an unlawful attack or a threat of unlawful and imminent attack, caused the damage to the aggressor, if the averting did not exceed the necessary extent; (c) caused by the tortfeasor in an emergency, to a degree proportionate to the degree of the emergency; or (d) caused by conduct permitted by law, and the conduct does not harm the legally protected interests of another person or the law requires the tortfeasor to pay compensation.”
Damage caused by breach of contract:
Claims for damages caused during the performance of the contract may be brought in accordance with the rules on liability for damages caused by breach of contract.
The Civil Code, in Article 6:142: states: “Whoever causes damage to the other party by breach of contract shall compensate for such damage. The party who breaches the contract shall be exempt from liability if he proves that the breach of contract was caused by circumstances beyond his control, unforeseeable at the time of the conclusion of the contract, and which he could not reasonably have been expected to avoid or to prevent.”
The enforcement of victims’ rights often creates complex situations in which the assistance of a lawyer may be needed.
I am at your disposal in the following cases:
- Claiming compensation out of court and in court
- Claiming damages
- Claiming compensation for material damage
The main legal basis for the compensation regime is the
Act V of 2013 on the Civil Code.
For more information, please do not hesitate to contact me using one of the contact details in the Contact section.
