fellebbezés

Fellebbezés is a legal term in Hungarian civil procedure that refers to the process of appealing a court decision to a higher court. It is a fundamental mechanism in the Hungarian judicial system that allows parties dissatisfied with a first-instance judgment to seek a review of the case by an appellate court. The purpose of fellebbezés is to ensure the correct application of the law and to correct any errors made by the lower court.

In Hungary, the right to appeal is generally available for decisions rendered by county courts and the Budapest Regional Court, with appeals typically heard by the Court of Appeal (*Fővárosi Törvényszék* or regional *Fővárosi Törvényszék* for Budapest cases). The grounds for appeal include legal errors, procedural violations, or incorrect factual findings. However, not all decisions are automatically appealable; certain judgments, such as those in minor civil cases or administrative matters, may be final unless explicitly provided otherwise by law.

The process begins with the filing of an appeal (*fellebbvitás*) within a specified timeframe, usually 14 days from the notification of the decision. The appellant must submit a written appeal, outlining the reasons for dissatisfaction and the legal arguments supporting the request for review. The lower court then forwards the case files to the appellate court, which examines the matter de novo, meaning it reassesses both the facts and the law. The appellate court may uphold, modify, or overturn the original decision, depending on the merits of the case.

Fellebbezés plays a crucial role in maintaining judicial fairness and ensuring that legal disputes are resolved in accordance with applicable laws. However, it is subject to procedural rules, including strict deadlines and formal requirements, which must be strictly adhered to for the appeal to be considered valid. The Hungarian Civil Procedure Code (*Polgári Perrendi Törvénykönyv*) governs the specifics of the fellebbezés process, including the scope of review and the powers of the appellate courts.