Damage Caused by Game and its Compensation in Central European Countries: A Comparative Perspective

Abstract

This article provides a general comparison of the rules on compensation for damage caused by game in Germany, Austria, Poland, the Czech Republic, Slovakia, and Hungary. It focuses on both the scope and assessment of liability and the existence of a complementary compensation scheme for damage caused by protected species. The authors conclude that the national systems share common features but also differ in many areas. Most notably, Polish law divides the responsibility between the hunting ground user and the State, while taking into account how game numbers can be regulated (according to the hunting season). Hungarian law addresses the specific liability directly by the Civil Code, and Slovak legislation, which seems optimal, establishes the breach of a legal obligation as a prerequisite for the establishment of a compensation claim.