Can a judge be disqualified from deciding the legal dispute on the grounds of bias if he has delivered a judgment unfavourable to the plaintiff in another case? Can a court be biased if the plaintiff has "challenged" a previous decision of the court before the European Court of Human Rights? In this article, we answer these questions by analysing a recent judgment of the Hungarian Supreme Court.
Is the penalty for delayed performance is enforceable, in case the purchaser fails to reserve its rights immediately? Or only the express waiver of right of the purchaser excludes the enforceability of the penalty? In this article we analyse the recent judgment of the Hungarian Supreme Court delivered in a construction dispute, where the highest judicial body seems to maintain its “estoppel”-based practice, despite the recent legislative changes in Hungary.
The case law of Hungarian construction disputes in the last years sheds light on the intention of courts to protect the “weaker party”. The Supreme Court has already started to protect subcontractors by declaring certain contract terms invalid, and its recent decision even places more risks at general contractors. How to cope with these challenges in Hungary? We address this question in our article.