elévülése

Elévülése is a legal concept in Hungarian civil law referring to the lapse of time after which a right cannot be enforced in court. It means that, once the prescription period has run, the creditor loses the right to demand performance through legal proceedings, even if the obligation still exists in fact. The concept helps to provide legal certainty by preventing indefinitely lingering claims.

The running of the prescription period generally begins when the claim arises or when the obligation becomes due. The exact start point and the length of the period depend on the type of claim and the applicable law. The clock can be stopped or paused by specific events (suspension) or reset by certain actions (interruption). Interruption typically occurs upon acts such as formal recognition of the claim by the debtor, initiation of judicial proceedings, or other legally specified steps, after which the prescription period starts again from zero. Suspension can occur during circumstances like the debtor’s incapacity, or other statutory exemptions, during which time the period does not run.

Several claims may have special rules that differ from the general prescription, including rights arising from consumer contracts, professional liability, or administrative decisions. Certain claims may be exempt from prescription due to public policy or specific statutory provisions.

In practice, elévülése is a procedural defense: a defendant can reject a claim on the ground that it has prescribed. However, prescription does not erase an obligation itself; it merely removes the creditor’s ability to enforce it in court. Until a claim prescribes, parties may settle or acknowledge the obligation, which can affect how and when prescription runs.