elévülési

Elévülés, or elévülés in Hungarian legal language, refers to the expiration of the right to enforce a claim due to the passage of time. It is a mechanism that limits how long a party can seek judicial relief to satisfy a right or remedy. When a claim has prescribed, a court generally cannot grant relief for that claim if the defendant raises prescription as a defense. The obligation itself usually remains, but the creditor loses the remedy to compel enforcement in court.

Elévülés applies in civil law to most contractual and non-contractual claims, such as debts, damages, and other obligations, and in criminal law to the period within which a case can be prosecuted or a punishment imposed. The exact prescription period varies by the type of claim and the applicable law; some claims have longer or shorter periods, and in some jurisdictions certain offenses or situations may be exempt from prescription or treated differently.

Two main concepts affect the timing: interruption and suspension. The prescription period can be interrupted by events such as an acknowledgment of the claim by the debtor, partial payment, or the filing of a lawsuit or formal arbitration. When interrupted, the period usually restarts. Suspension occurs in specific circumstances, for example when the claimant is legally unable to pursue the claim or under certain procedural rules.

Practical implications include the need for timely action to preserve rights and avoid losing the ability to sue. Individuals and organizations should be aware of applicable limitation periods and the conditions that may interrupt or suspend them, as these rules shape when enforcement remains possible and how disputes are resolved.