Publication: Magyar Közlöny
Issue: MK-2008-84 (Year: 2008, Number: 84)
Era: 2004-2010
Section: tárgyában címû 1931. évi IV. törvény. Ez a rendelkezés
Paragraph Index: 383

1. For the purpose of fulfilling its function under Article 13, paragraph 1(a), the HNS Fund shall pay compensation to any person suffering damage if such person has been unable to obtain full and adequate compensation for the damage under the terms of Chapter II: (a) because no liability for the damage arises under Chapter II; (b) because the owner liable for the damage under Chapter II is financially incapable of meeting the obligations under this Convention in full and any financial security that may be provided under Chapter II does not cover or is insufficient to satisfy the claims for compensation for damage; an owner being treated as financially incapable of meeting these obligations and a financial security being treated as insufficient if the person suffering the damage has been unable to obtain full satisfaction of the amount of compensation due under Chapter II after having taken all reasonable steps to pursue the available legal remedies; (c) because the damage exceeds the owner’s liability under the terms of Chapter II. 2. Expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimize damage shall be treated as damage for the purposes of this Article.

Source: https://magyarkozlony.hu/hivatalos-lapok/9a6d9541331256546d4af52d93d8f97379eb18c1/dokumentumok/11068e7f11bd61188d5f8d10983dced31d61a723/letoltes