About us
Tort & Insurance Law (Kártérítési és Biztosítási Jog) is a freely available, open access Hungarian journal in electronic format. The journal is issued by the AIDA Hungarian Chapter Insurance Law Association (Budapest) quarterly since 2019.
The Journal accepts publications in the field of Hungarian liability law, damages, and insurance law with special regard to the legal acts and case law and beside that the EU-law developments. It provides forum articles, case notes and books reviews. The journal aims at bridging the worlds of theory and practice. We have a strong preference for submissions of scripts with a focus of legal practice. In addition, the journal regularly presents the Hungarian case law and the case law of the European Court of Justice in a selected format. The Journal also publishes news and short contributions which reflects events and law developments in the field of liability law, damages, and insurance law.
This is the English website of the Journal and only includes the title and abstract of articles in English. Clicking on the concrete issue of the Journal, the website leads the Reader to the Hungarian website and to the content of the concerned issue, where the articles can be found fully in Hungarian.
Abstracts
Tibor Pataky: The Main Amendments to the Act on Compulsory Motor Vehicle Liability Insurance
The implementation into Hungarian law of Directive (EU) 2021/2118 of the European Parliament and of the Council of 24 November 2021 amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability made it necessary to amend the Act LXII of 2009 on Compulsory Motor Vehicle Liability Insurance, in the course of which the legislator also wished to remedy some other practical problems. The study describes the main points of the amendment.
Mónika Csöndes: Foreseeable damages? The foreseeability rule in contract damages – excerpts from the case law
It is at all times central to decide in contract damages disputes which causally connected damages should be compensated by the party who breached the contract. The Act V of 2013 on the Civil Code introduced the so called foreseeability rule as a normative rule [6:143. § (2)] for the determination of the range of contract damages. The foreseeability rule is for to decide which causally connected damages should be compensated by the party who breached the contract. This two-part article intends to present the case law of the foreseeability rule [6:143. § (2)]. The analysis is based on the elements of the statutory provision, the legal policy intended thereby, and all the theoretical considerations which were called upon during the codification process.
Péter Bárdos: Refused claims for non-pecuniary damages III. Violation of reputation
In this article some judgements refusing claims for violation of reputation are presented grouped around the importatnt elements of violation of reputation demonstrating formation of the court praxis
Tibor Pataky: Thoughts on the Hungarian Implementation of the Directive (EU) 2021/2118 of the European Parliament and of the Council
The present study examines the tasks facing the Hungarian legislator in implementing the Directive into domestic law. While there is much to be done in this respect, it can be concluded that several provisions of the Directive are already in conformity with domestic law.
Balázs Tőkey: Enforcement of the injured party's claim against the liability insurer – with special regard to the resolution No. Pfv.III.20.825/2020/7 of the Curia
This paper tries to answer the question when – in the absence of an express statutory authorisation – the injured party can take direct action against the liability insurer and what type of claim can be brought to the court. A recent and controversial resolution of the Curia is the starting point of this research.
Ferenc Németh: The prohibition of "compensation lucri cum damno" in case of refundability of VAT
In this number we are publishing the second part of the analyses of dr. Németh. The first part you can find in our number 2022 II.
Péter Bárdos: Theoretical remarks to the theory of non-pecuniary damages
The author analyses the notion and scope of non-pecuniary damages on the basis of Civil Code, the connection between them and the general rules of liability for damage as well as the problems how to determine the amount of non-pecuniary damages.
Bernadett Varga: The domestic case law on the adjudication of the unfairness of insurance contract terms
The study demonstrates through selected rewards of public interest the court praxis
concerning unfair terms in insurance contracts.
Ferenc Németh: The conncetion between the VAT to be accounted under the appropriate heads for damages and the "compensation lucri cum damno" in the Hungarian case law from a historical point of view
This article is my attempt at writing up and summarising a topic which has been changing and shaping throughout the past 35 years, and which bears tremendous importance in the process of insurance companies’ everyday claim settlement practices. One of the questions to be considered is whether the disputed points can be settled on the basis of the old and newCivil Code, with regard to the points “compensation lucri cum damno”, and that it imperatively needs VAT to be accounted for under the appropriate heads for damages. The question, moreover, bears not only legal but economic importance too, since accounting for VAT unconditionally on the victim side would result in an undesirable increase of the black, or at least grey, economy in the car repair market, which would lead to the tax not fulfilling its societal function, as it would be kept by the victim, rather than be paid into the national budget.
As we will see in the following pages, the legal assessment of this question has not been at all uniform over the past decades in the case-law, moreover, even despite the unambiguity of the present legal framework, dissenting interpretations still occur.
Dániel Bán: On the relationship of freight fotwarder’s duty to enforce its principal’s claims and the recourse claim of the insurer
According to Section 6:303 of the Civil Code under special circumstances the forwarding agent shall enforce the principal’s claims against the carrier and other contractors hired by the forwarding agent. However, it may be complicated to define „principal’s claims” espacially in cases where the insurance company compansated the damages arisen during the period of carriage and thereafter the insurance company seeks after enforcing its recourse claim against the carrier. In these cases, it can be disputed whether the recourse claim of the insurance company shall be treated as „principal’s claim” or not.
András Mátyus: Functional Analysis of the compensation for non material damage
Compensation awarded for non material damage fulfil dual functions: on one hand, their aim is to award a monetary compensation to the person who was injured in their personal rights, to approximately compensate for the non material damage suffered. On the other hand, compensation for non material damages can also be considered as punishment under civil law for the prevention of similar infringements, as a deterrent. The core issue of my study is how the dual function of the compensation for non material damages is assessed by the courts, highlighting which function is more prominent in.
Tibor Pataky: Amendment of the Codified Motor Insurance Directive
The study presents the main provisions of Directive 2021/2118/EU of the European Parliament and of the Council amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, including the issues that were not addressed by the EU legislator.
Studies and articles published between september 2019 and december 2021
Studies and articles published between september 2019 and december 2021
- Péter Bárdos: Rejected Claims for compensation non material damage II. (Vol. 3 No. 3-4)
- Patrik Pázmándi: Exemption from Contractual Damage Liability as reflected in COVID 19 Epidemy and in Economic Sanctions (Vol. 3 No. 3-4)
- Balázs Tőkey: Alternative Possibilities for Compensation of Damages caused within the Framework of Health Services – with Special Regard to the Regulation in New Zealand and France (Vol. 3 No. 3-4)
- Péter Bárdos: Rejected Claims for compensation non material damage I. (Vol. 3 No. 2)
- Judit Salamonné, Pilz: Question of „Shadow Claims” in Lawsuits arising from Liability of Lawyers (Vol. 3 No. 2)
- Zoltán Bata: Lawfulness of Exclusions in Obligatory Professional Liability Insurance Contracts (Vol. 3 No. 1)
- Miklós Boronkay: Claims for Damages arising from Breach of Lease Contracts in the Practice of Supreme Court of Hungary (Vol. 3 No. 1)
- Monika Csöndes: Certain Questions of COVID-19 Epidemy and Exemption from Liability for Breach of Contract (Vol. 2 No. 3)
- Dóra Kiser: Effectiveness of Termination Right of the Contracting Party in the Practice of the Court of European Union and Legal Aspects thereof in Hungary (Vol. 2 No. 3)
- György László: Judicial Consideration of Opinions of Forensic Experts (Vol. 2 No. 2)
- Petra László: Liability Insurance of Notaries and Lawyers (Vol. 2 No. 2)
- Dániel Roland Fodor: Regulation of Liability Insurance of Architects and Contractors in Hungary (Vol. 2 No. 1 )
- Ruben Matovics: Elements of Accessority in the Liability Insurance (Vol. 2 No. 1)
- István Molnár: Constitutional Requirements Concerning Obligation for Noticing and Information of Motor Insurers as Formulated by the Constitutional Court Declaring that Noticing and Information Obligation Should Be Fulfilled in „Verifiable Way” (Vol. 1 No. 2)
- Peter Takáts: On the Reform of Hungarian Insurance Contract Law (Vol. 1 No. 2)
- Zsolt Kovács: Limitation of Liability in Inland Shipping (Vol. 1 No. 1)
- Tibor Pataky: Notion of Participation in the Traffic as Applied in the Motor Insurance Directives (Vol. 1 No. 1)