elévülés

Elévülés is a term used in Hungarian jurisprudence to describe the extinguishment of a right or claim due to the passage of time. It is a legal concept that prevents the indefinite assertion of rights, promoting legal certainty and stability. The core principle behind elévülés is that after a certain period, it becomes unfair and impractical to expect a party to defend against a claim that has long been dormant.

The specific timeframes for elévülés vary depending on the type of right or claim involved. For instance, general civil claims typically have a statutory limitation period of five years. However, certain types of claims, such as those arising from criminal acts or specific contractual obligations, may have different or even shorter limitation periods. The commencement of the elévülés period is usually triggered by the date on which the right could have been exercised or the claim could have been enforced.

There are also provisions within the legal system that can interrupt or suspend the elévülés period. Interruption means that the time already elapsed is disregarded, and a new limitation period begins to run from the date of the interrupting event. Suspension, on the other hand, means that the elévülés period is temporarily paused, and the time that has already passed remains valid once the cause of suspension ceases to exist. Common grounds for interruption or suspension include initiating legal proceedings, acknowledging the debt by the debtor, or certain personal circumstances of the claimant.

The effect of elévülés is that the underlying right or claim is not legally enforceable through the courts. While the obligation may still exist in a moral or natural sense, the claimant loses the legal means to compel its fulfillment. This encourages parties to assert their rights promptly and avoids situations where outdated claims could disrupt current legal relationships.