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damages accepts their liability in writing and the amount of damages (i.e. the factual and legal
bases of the damages are clear), or if the damage caused by negligence does not exceed HUF
10,000, the disciplinary committee will conduct a simplified tort procedure.
Section 45 If the damage is caused intentionally, the committee will conduct a single procedure
that will include both the disciplinary and the tort case and will make one decision in the
disciplinary case and one in the tort case.
PART 7. THE UNIVERSITY’S LIABILITY FOR DAMAGE
Act, Section 72 (4) The institution of higher education, the hall of residence and the
organiser of practical education will have full liability to the student for any damage
caused to the student in relation to the student’s legal status, admission into the hall of
residence or practical education, regardless of any personal responsibility. The rules of
the Civil Code will apply with the exception that the institution of higher education, the
hall of residence and the organiser of practical education will only be exempt from liability
if they can prove that the damage has been caused by a reason beyond their control.
Damages need not be paid if they have been caused by the injured party’s conduct
beyond the other party’s control.
Section 46 (1) If the student suffers damage under Section 72 (4) of the Act, they may formally
demand compensation from the Dean or the Chair of the Doctoral Council. The letter of demand
must include the student’s data, the description of the facts of the case (as verified by witnesses
and/or other evidence) and the amount of damages claimed (in HUF).
(3) The Dean or the Chair of the Doctoral Council will have discretionary powers to decide on the
damage claim on the basis of the Financial Director’s recommendation if the amount demanded
does not exceed HUF 100,000. If the damage claim exceeds this amount, the Dean or the Chair
of the Doctoral Council will request the disciplinary committee to conduct a procedure.
Part 8. ASSESSING THE VALUE OF DAMAGED OR LOST ASSETS
SEMMELWEIS UNIVERSITY
Section 47
(1) If an event of damage occurs, the event must be recorded in the form of minutes as soon as
possible, regardless of whether the student has caused it or suffered it.
(2) When an asset is damaged, the value loss remaining after repair (due to amortisation) and the
repair costs must be taken into consideration in the course of calculating the amount of the
damage.
(3) If the asset is destroyed, rendered unusable or cannot be located, the retail price on the day
the damage occurs must be used to establish worth. If the retail price cannot be established,
the purchase value should be used.
(4) No lost profits can be taken into account when the damage is assessed.
(5) Damages should be paid in cash, unless it is reasonable to provide the compensation in kind
(i.e. the asset can be repaired or replaced).
(6) If it is likely that the compensation will exceed HUF 10,000, the Financial Director’s opinion
must be obtained before the amount is assessed.
Semmelweis University
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