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Under the influence of the law of the European Union, in the Slovak Republic, special attention has been drawn to consumer protection for some time already. Consumer protection is provided for in several laws. Particularly resonant is the protection of consumers from unfair contractual terms, as laid down in the Civil Code (Act No. 40/1964 Coll.) and the Civil Litigation Procedure (Act No. 160/2015 Coll.). In the Civil Code, unfair terms are defined by the general clause. Also included is demonstrative enumeration...

In connection with the spread of COVID-19 and the consequences it caused, the Slovak Republic has adopted several laws in various legal areas. One of them is the law, which has significantly affected the basic institutes of civil law. As the most important consequence can be considered the interference with the running of time limits, both substantive and procedural ones. In the case of substantive time limits (both standard limitation periods and extinctive limitation periods), a temporary suspension of these tim...

According to В§ 48 of Civil Code (Act No. 40/1964 Coll.), as effective in the Slovak Republic, contractual party may withdraw from contract if such withdrawal is granted by the law or if the contractual parties have so agreed. Accordingly, there are two rights, the statutory right and the contractual right to withdraw from contract. Both rights can be exercised in diverse situations; as a rule, however, they are exercisable as a result of a breach of contract. The remaining question is, specifically, by what time ...

In the Slovak Republic divided views have persisted for several years as to whether a court executor may create a lien on immovable property in favor of the entitled party to secure the partyВ’s monetary debt claimed in the execution proceedings, and subsequently sell the obligated partyВ’s encumbered property without consent of the preferred lien creditor (i.e. the creditor in whose favor the lien has been created on the obligated partyВ’s immovable property earlier). According to one view, relying on statutory i...

Less than a year after re-codification of civil procedural law, the first amendment to civil procedure, the Civil Litigation Code, Act 160/2015 Z.z., has been passed. The amendment applies to the right of the party to act before a court using his/her native language or the language the party can understand. The presenters of the legislative proposal substantiated the need to amend the law by reasons of its harmonization with the existing rules of the European Charter for Regional and Minority Languages which is bi...