kárelem

Kárelem is a legal term used in Hungarian civil law to denote a claim for damages brought by a person who has suffered harm caused by another party’s fault. It encompasses demands for monetary compensation arising from unlawful acts, negligence, or breach of contract and can appear in civil proceedings as well as in insurance contexts.

The essential elements of a kárelem typically include the existence of damage, an unlawful act or contractual breach by the defendant, a causal link between the act and the damage, and fault or liability on the part of the defendant. The claimant generally bears the burden of proving the harm and its connection to the defendant’s conduct, while the defendant may raise defenses such as lack of causation, contributory fault, or lawful justification.

Damages claimed can be pecuniary, such as medical expenses, lost earnings, or repair costs, and, depending on jurisdiction, non-pecuniary losses such as pain and suffering may also be compensated. The calculation of damages relies on evidence, including contracts, invoices, medical reports, and expert assessments.

Procedural aspects usually involve filing a civil claim (kereset) with the competent court or handling a damages claim within an insurance process. The court assesses liability and determines the amount of damages based on the submitted evidence, applicable law, and procedural rules. Limitation periods (prescription) apply and vary with the nature of the claim and jurisdiction.

Kárelem is closely tied to liability law, covering both contractual and non-contractual (tort) scenarios. It is distinct from, yet related to, terms such as kárigény and kártérítés, and its precise scope depends on national civil law provisions and case law.