Elévülésnek

Elévülésnek is a Hungarian term referring to the legal concept of the statute of limitations. It denotes the period of time after which a legal claim can no longer be enforced through the courts. This concept exists in various legal systems to provide legal certainty and prevent stale claims from being brought forward indefinitely.

In Hungary, the rules regarding elévülésnek are primarily governed by the Civil Code. The general principle is that civil claims become statute-barred if not exercised within a specified period. This period can vary depending on the nature of the claim, such as contractual obligations, torts, or property disputes. For most monetary claims, the standard limitation period is five years. However, shorter periods may apply to certain types of claims, like those related to rent or damages from a traffic accident. Conversely, some claims might have longer limitation periods, or in certain exceptional cases, may not be subject to any limitation at all.

The commencement of the limitation period is also crucial. Generally, it begins from the date when the claim could first be exercised. For example, in a contractual dispute, the period might start when the breach of contract occurs. The running of the limitation period can be interrupted or suspended under specific circumstances defined by law. Interruption means that the period starts anew from the point of interruption, while suspension means that the period pauses for a certain duration and then continues. These provisions aim to balance the need for finality with fairness to claimants who may face valid obstacles in pursuing their rights. Once a claim is statute-barred, the debtor can raise elévülésnek as a defense, and the court will typically dismiss the claim.