Whether the spontaneous recusal request of the O.________ rent conciliation commission should be granted due to the president's personal interest in the tenancy dispute.
Yes. The commission's recusal was justified because its president had a personal interest in the case, creating an objective appearance of bias.
Under Art. 47 and 48 CPC, recusal is required where a judge or judicial officer may appear biased. Because the president of the competent conciliation commission was also the local prefet and had to preside over the body handling the dispute, an appearance of prevention existed in the eyes of the parties and third parties. To preserve impartiality, recusal had to be admitted.