Legal Q&A · Debt Recovery

When am I entitled to damages, and what is unjust enrichment?

Law as at 10 September 2026

Short answer

Under the general civil-law regime in Section 420 of the Civil Code, the wrongdoer's fault is presumed and compensation covers actual loss and lost profit. Breach of a commercial obligation, however, is subject to the separate liability regime in Section 373 et seq. of the Commercial Code. Unjust enrichment is a benefit obtained without legal grounds and must be returned. Limitation depends on the regime and circumstances: civil-law rules provide a two-year subjective period and specific objective limits, while commercial claims generally have a four-year period.

When does a damages claim arise?

The following explanation concerns general civil-law liability; special categories of damage may be governed by different rules. The basic rule is that everyone is liable for damage caused by breaching a legal duty (Section 420(1) of the Civil Code). Liability is fault-based, but fault is presumed: only someone proving absence of fault escapes liability (Section 420(3)). This benefits the injured party, who need not prove the wrongdoer’s fault; the other side bears the burden of disproving it.

Liability for breach of a commercial obligation is assessed under Section 373 et seq. of the Commercial Code: merely proving absence of fault is insufficient, and the statutory circumstances excluding liability are also decisive.

What is compensated?

Compensation is broad, covering actual loss and lost profit (Section 442(1)). Actual loss is a reduction in assets, such as repair costs; lost profit is what the injured party would have gained in the ordinary course of events. Compensation is generally monetary. Restoration of the previous state is available only at the injured party’s request and where possible and appropriate (Section 442(3)).

What is unjust enrichment?

Restitution of unjust enrichment is a different but related claim. Anyone unjustly enriched at another’s expense must return the benefit (Section 451(1)). Unjust enrichment is a financial benefit obtained through performance without legal grounds, under an invalid legal act or on grounds that later ceased to exist (Section 451(2)). Typical examples are overpayments, duplicate payments or performance under an invalid or cancelled contract. Unlike damages, it does not require examining a breach of duty or fault, only whether the recipient obtained a benefit without legal grounds.

Watch limitation periods

Under the civil-law regime, damages become time-barred two years after the injured party learns of the damage and the person liable, subject to an outer limit of three years from the event or ten years for intentional damage; the objective limit does not apply to personal injury (Section 106). Unjust enrichment has a two-year subjective and three-year objective period, extended to a ten-year objective period for intentional enrichment (Section 107). Commercial claims are generally subject to the four-year period in Section 397 of the Commercial Code, with the Section 398 rules applying to damages. The precise starting point and ultimate limit must be determined according to the claim’s nature. Act promptly: we pursue damages and unjust enrichment out of court and through litigation as part of debt recovery and court representation.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. The debtor company failed with no assets. Can we sue its managing director directly? Yes, the law gives the creditor a direct claim. Anyone required to file a bankruptcy petition for the company who failed to do so in time is liable for the resulting loss to creditors. The law assists the creditor with a rebuttable presumption: unless otherwise proved, the loss equals the unpaid portion of the claim. The claim is subject to limitation, so do not delay.
  2. The debtor transferred assets to family members to avoid paying. Can anything be done? Yes. The Civil Code gives creditors an avoidance action: the court declares that a transaction prejudicing the creditor is legally ineffective against them. The transfer is not cancelled and the assets do not return to the debtor, but the creditor can enforce directly against the assets transferred as though the transfer had never occurred. For transfers to close persons, the law significantly eases the creditor's evidential burden; the action must be brought within three years of the transaction.
  3. The debtor says nothing is owed because it set off its own claim. Is that valid? A unilateral set-off may extinguish a debt if the mutual claims are eligible for set-off and a definite declaration has been delivered to you. Maturity is generally required, but the Commercial Code provides exceptions in Sections 359 and 360. The mere fact that a counterclaim is disputed does not make it ineligible for set-off; its existence, amount and the other conditions must be examined. If the conditions are not met, the set-off does not extinguish the debt.
  4. The trustee disputed our registered claim. What should we do, and by when? The only defence is an action to establish the disputed claim, known as an incidental action. It must be filed within 30 days of publication of the dispute in the list of claims and directed against everyone who disputed the claim. Missing the deadline extinguishes the right and permanently excludes the disputed part from satisfaction, although it continues to exist under substantive law.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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