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The role of interest in civil processes

Published:
2022-02-15
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Kiss, T. (2022). The role of interest in civil processes. Debreceni Jogi Műhely, 18(3-4), 42-46. https://doi.org/10.24169/DJM/2021/3-4/5
Abstract

The study reviews the enforcement of various interest-related claims in civil litigation and their special litigation rules, emphasizing that there are few specific norms in the Code of Civil Procedure from a procedural point of view compared to the enforcement of pecuniary claims. The study compares the interest provisions of the Act III. of 1952 and the Act CXXX of 2016, and seeks to provide adequate answers to enforcement issues arising from regulatory gaps. The article states that the law generally sets out some specific procedural provisions for contributions to be enforced together with the principal claim, which are also subject to interest as a contribution to the principal claim. The number of purely interest-specific provisions in our current law is negligible. The analysis covers the following specific legal provisions concerning interest: the amount in dispute, appeal against the interest provisions of the judgment at first instance, the admissibility at second instance of an increase of the claim for payment of interest, the admissibility of an application for review only of the provisions of a final judgment concerning interest. The study evaluates trends in court practice through analysis of ad hoc court decisions. The author states that uniform and coherent case law is in the best interests of the claimants based on clear legal provisions.