One of the most important fields of law in the practice of our Legal Partnership is Construction Law. According to our experience, one of the most relevant questions in the legal disputes of Construction Law is legal proof, and forensic experts play a very important role in the proving procedure.
The expert is nominated by the judge from the list of forensic experts in the legal procedure. However, even before submitting the statement of claim there is a possibility to ask for the nomination of the forensic expert from the notary public who will also appoint him from the list of forensic experts. This kind of delegation is usually asked if for some reason the building contractor cannot continue the construction, finish it or another building contractor continues it, in these cases the notary public appoints a forensic expert to determine the responsibility of the building contractor or their defective performance.
The expert report of the forensic expert appointed by the notary public should be taken into consideration as if the forensic expert’s appointed by the court. Of course, the parties can delegate private experts but primarily their expert report is taken into consideration as the certain party’s declaration, so the power of proof of these private experts is weaker than the experts’ appointed by courts and notary publics. However, the new Code of Civil procedure came into force on 01 January 2018 in Hungary attributes more power to the so called private expert report, as long as during the preparation of the report, the party hiring the private expert and the expert kept the warranty rules which respect the interests of the other party. These rules ensure the right to inform the other party and also ensure the other party to make comments. With regard to the fact that very short time has passed since the entry into force and there is no judicial practice regarding the private experts, but presumably the experts appointed by courts and notary publics will keep their primacy regarding their force of proof.
Dr. Tamás BALÁZS
Attorney at law