Those wishing to settle a financial dispute in Hungary should keep in mind that the country has no specialized courts; however, most of them do have special departments dealing with commercial disputes.
Filing Civil Claims in Hungary: Timeframes
Normally, statute of limitations for breaches of contracts, property damage or financial losses is 60 months. There isn’t a time limit for filing claims of ownership.
It starts from the date damage is inflicted or a service is rendered, regardless of whether a party knows about it. Interruptions of statutory limitations include:
- initiation of litigation that will result in a decision on the merits of a case being made;
- amendments to a contract or resolution of a dispute in Europe relating to this obligation;
- notification of a claim after initiation of bankruptcy proceedings.
Commencement of Trial
Initiating legal proceedings in Hungary requires including in a claim all the supporting facts & evidence. What this means is that a claim is to be formulated before submission of an application.
Resolving a financial dispute in Europe begins with submitting a claim to a relevantly authorized court. Comprising 3 sections, a claim includes information on:
- parties & their attorneys;
- remedies requested by an applicant, legal basis, relevant facts, etc .;
- compensation amount, court fees & capacities of parties & their attorneys.
Settlement of Disputes in the Republic of Hungary: Remedies
Remedies sought & substantive provisions may vary & depend on the circumstances of a particular case. In fact, they can take whatever form courts deem appropriate, including:
- compensation losses;
- contractual amendments.
Normally, courts do not apply remedies, unless they’re included in a claim as the relief sought. No fines will be awarded, either. Paying interest on monetary judgements is obligatory, even if they aren’t included in a claim
Normally, the general public is allowed to attend court hearings; however, hearings can sometimes be held in closed session. After anonymization, decisions rendered by higher courts become available online. Upon request, courts can consider cases in closed session or resort to alternative ways of protecting confidential information.
Those planning to resolve a financial dispute in Hungary should keep in mind that legal proceedings aren’t public. Access to motions, court orders & requests can only be provided to parties participating in litigation.
Hungary: Filing Class Action Lawsuits
Class action lawsuits are divided into 2 types:
- lawsuits involving consumers & services providers for cancellation of unfair contractual provisions;
- lawsuits filed with regard to claims arising from consumer contracts, adverse health effects suffered due to force major events or work-related accidents.
Appeals may be filed within two weeks after decisions are rendered.
ADR in the Republic of Hungary
Being the main method of resolving disputes, arbitration is primarily used in:
Arbitration & mediation are only applicable if there’s an explicit agreement between parties concerning their use.
Thinking about resolving a dispute in the Republic of Hungary? Need advice on dispute settlement in Europe? Why not contact IQ Decision UK?