Construction trusteeship works, except when it doesn’t

Levente Bihari | 30 October 2018

With almost ten years of hindsight we can safely say that although the construction trusteeship system created to prevent circular debt in the construction industry has essentially lived up to expectations, the system still has some unresolved flaws. What’s more, the taking effect of the new Civil Procedure Code  this January will present a further challenge for the system.

If you want to litigate, be careful where you do it

Levente Bihari | 10 April 2018

From early this year a new law accords to states the jurisdiction over lawsuits, i.e. which country has the right to decide on cases having international elements. Nevertheless, it is still true that in international legal disputes one of the most important (and far from simple) issues is: which country’s court will decide the dispute and under which country’s laws.

Separating the titles of land and buildings – what is the point?

Levente Bihari | 20 November 2017

Under a less-known rule of the new Civil Code it’s now possible for a property owner to separate the titles to a plot of land and the buildings built on it, and to manage or commercially exploit these as separate properties. Businesses are taking a cautious approach to making use of this opportunity in practice: although splitting titles can make property development or borrowing more flexible, for the time being legal uncertainties are preventing it from becoming more widespread.

Performance Certification Expert Board grows in stature – but some legal pitfalls remain

Levente Bihari | 2 August 2017

The Performance Certification Expert Board (PCEB) is playing an increasingly important role in disputes between construction-industry firms. Nevertheless, a few legal questions relating to the PCEB remain to be clarified, including that of for how long an expert opinion issued by the organisation can prevent the enforcement of contractual security (e.g. a bank guarantee). Until this issue is resolved, a party to the dispute that would otherwise possess legitimate security could be put at a disadvantage.

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The law is constantly in flux. While many people may find this intimidating, for us it’s precisely what makes it so exciting. We’d like to share this attitude with businesspeople and managers, and with those who just have an interest in business law, in the form of a regularly updated blog that discusses the latest tax law and commercial law issues in an accessible style. Feel free to send your questions and suggestions for topics you’d like us to cover to blog@jalsovszky.com.

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