Litigation and compensation · Slovakia
Damages and unjust enrichment
If someone has caused you loss or been unjustly enriched at your expense, we assert your claim: actual loss and lost profit, or restitution of the benefit the other party obtained without legal justification. We assess the strength of your claim, monitor the limitation period and pursue recovery both out of court and through litigation.
- Actual loss and lost profit
- In and out of court
- Assessment before proceeding
What we'll do for you
Asserting and pursuing a claim for damages or restitution of unjust enrichment, out of court and in court.
Select an item to see the details.
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Claim assessment
We assess the legal basis, claim amount and available evidence and give you a frank view of your prospects.
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Calculating the loss
We help calculate actual loss and lost profit, or the extent of unjust enrichment, and secure evidence.
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Out-of-court claim
We prepare a demand letter and attempt an out-of-court settlement, which is often faster and cheaper than litigation.
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Court claim and representation
If agreement is impossible, we bring a claim and represent you throughout the court proceedings.
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Monitoring limitation
We monitor the limitation period so the other party cannot successfully raise a limitation defence. Limitation does not itself extinguish the right.
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Recovering payment
After the claim is awarded, we pursue the matter through to actual payment, including enforcement if necessary.
Deliverablea claim for damages or restitution of unjust enrichment asserted and pursued
How it works
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- Assessmentday 0
We discuss what happened and assess the legal basis, amount and evidence.
- Asserting the claim
We assert the claim by demand letter and attempt an out-of-court settlement.
- Court claim and recoverysubject to the court's timetable
If needed, we bring a claim, represent you in court and pursue it through to payment.
No-obligation enquiry
Ready to start?
Send us an enquiry. We reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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When am I entitled to damages?
Generally, when someone causes you financial loss by breaching a legal duty or acting culpably. You must prove the breach, the loss and the causal link between them. At the outset, we assess whether these conditions are met and your prospects of success.
What is unjust enrichment?
It is a financial benefit someone obtains at your expense without legal justification — for example, performance under an invalid contract, a payment sent by mistake or use of your property without entitlement. The recipient must return the enrichment. We help you calculate and claim it.
What can I claim?
For damages, generally actual loss (the reduction in your assets) and lost profit (the increase that should have occurred but did not). For unjust enrichment, restitution of the benefit obtained, or monetary compensation if restitution is impossible. We assess the scope of the claim according to your circumstances.
How long do I have to make a claim?
Claims for damages and unjust enrichment are subject to limitation, with periods running from when you learned of the loss and the person responsible, subject to a later ultimate deadline. We therefore monitor limitation and recommend contacting us promptly so that enforcement is not defeated by a limitation defence. Limitation does not itself extinguish the right.
Must I prove the loss and its amount?
Yes, in litigation you bear the burden of proving the loss, its amount and the other party's liability. From the outset, we therefore focus on securing evidence — documents, correspondence and, where needed, an expert report — and building a claim that can be substantiated in court.
Legal Q&A
Common questions on this topic
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When am I entitled to damages, and what is unjust enrichment?
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.
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What rent should we receive for agricultural land, and what is the usual rent figure?
For agricultural land leased to a business, the statutory minimum is 3% of its officially assessed value. The usual rent figure reflects local prices: district offices publish the average of actual agreed rents for each cadastral area by 30 June annually, in euros per hectare. This official figure supports negotiations on a new lease and unjust enrichment calculations where land is used without an agreement.
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The works are defective. Can we claim damages as well as a price reduction?
Yes, but the claims must be kept distinct. What can be obtained through defect remedies, such as repair, a price reduction or replacement performance, cannot be claimed again as damages. Consequential losses not covered by the reduction, such as profits lost during production downtime or costs caused by the defect in dealings with your customers, are claimed separately as damages. Note the statutory limit: a price reduction excludes lost profits arising from the very missing characteristic to which the reduction relates.
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Further reading
A company’s reputation has value: damage to it can justify monetary redress
In Pl. ÚS 26/24, the Czech Constitutional Court’s plenary confirmed that legal entities may seek adequate satisfaction for non-pecuniary harm to reputation, including money. Slovakia provides the same right expressly in § 19b of the Civil Code, supplemented by unfair competition rules for attacks by competitors.
Read more →
Damages under the new rules: what can and cannot be agreed
The new Civil Code addresses long-disputed questions about damages: advance waivers, disguised late-payment interest and non-pecuniary claims for breach of contract. Liability limitation clauses will have clear rules.
Read more →