Kártalanítás

kártalanítás is a legal term originating from Hungarian, meaning the restitution of losses or damages suffered by an individual or entity due to wrongdoing or harm inflicted by another party. It is an essential component of the civil justice system and serves to restore victims to a position as close as possible to that before the loss occurred. The concept is enshrined in the Hungarian Civil Code, which stipulates that a party who causes damage to another must compensate for both physical injury and economic loss.

In practice, kártalanítás addresses a wide spectrum of cases. Civil cases cover property damage, breach of contract, and negligence; criminal cases involve punitive damages where the offender must pay restitution to the victim; and administrative cases can arise from state actions, such as land expropriation, where government agencies are required to compensate affected parties. The compensation amount can include direct costs, such as medical expenses, repair costs, and lost wages, as well as indirect damages, such as pain and suffering or loss of enjoyment of life.

The procedure typically commences with the plaintiff filing a claim in court, supported by evidence of loss and causation. Courts assess the evidence and, if liability is established, order the defendant to pay the calculated amount. For large disputes, parties may also seek mediation or arbitration to reduce litigation costs and achieve settlements. Jurisprudence in Hungary frequently cites precedent from previous rulings, emphasizing proportionality and necessity in compensation awards. The principle of fair compensation aligns with European Union directives on consumer protection and cross-border litigation, ensuring consistency across member states and facilitating the enforcement of judgments internationally.