AmCham Slovakia

Civil Code Task Force is dealing with the recodification of the Civil Code, consumer protection issues and overall legal environment, including suggestions for improving legal enforcebility and predictability.

The Task Force closely cooperates with the Ministry of Justice of the Slovak Republic as well as Ministry of Economy of the Slovak Republic and suggests various ways to improve Slovak legal system including straightforward and equitable resolution of business disputes. Dealing with the amendment of Act no. 40/1964 adding provisions in section 53a(1) on the terms of consumer agreements as defined by the Civil Code, the Code of Civil Procedure and the Consumer Protection Act.

The Codification of Private Law

After more than six decades, Slovakia is finally set to adopt a modern Civil Code. The new legislation aims to eliminate remnants of the socialist legal framework and introduce long-missing legal institutions into practical application. The codified regulation is based on a monistic concept of civil law, abolishing the current dualism between the Civil Code and the Commercial Code—particularly in the area of obligations. The reform places strong emphasis on individual autonomy and significantly limits state interference in the validity of legal acts.

The fundamental objectives of the recodification can be summarized as follows:

• Eliminate remnants of the socialist approach to private law – that is, to remove provisions that still reflect the era of their origin, characterized by rigid regulation of only basic, standardized situations, without allowing for dispositive deviations from mandatory legal norms. Such an approach no longer meets the complexity and diversity of life in the 21st century.
• Modernize private law – by adapting its provisions to contemporary needs, reflecting the demands of today’s society, and introducing long-missing legal institutions that are standard in modern European legal systems.
• Strengthen the principle of autonomy of will – positioning the new Civil Code as a cornerstone of individual freedom, enabling each person to decide how to live and structure their legal relationships, with minimal state interference.
• Unify substantial parts of private law – by eliminating duplicative regulations and integrating relevant provisions from special laws into the Civil Code wherever it is meaningful and coherent.
• Clarify and streamline the private law system – by improving the interconnection between the Civil Code and remaining special laws, and by harmonizing their relationships and terminology.

For more information on the recodification including the draft text of the new Civil Code, please consult the website of the Ministry of Justice of the Slovak Republic at:  https://www.justice.gov.sk/agenda-ministerstva/kodifikacia-sukromneho-prava/

The AmCham Slovakia Civil Code Task Force is committed to engaging proactively in the commentary and consultation process surrounding the new Civil Code.

Meeting with the State Secretary of the Ministry of Justice of the Slovak Republic Mr. Milan Hodas

On 24th March, the representatives of the Amcham Civil Code Task Force  met with the State Secretary of the Ministry of Justice of the Slovak Republic Mr. Milan Hodas. We discussed the upcoming steps following the legislative plans related to recodification of the Civil Code. The second topic focused on the trust funds, their legal existence in the neighboring countries. The AmCham representatives expressed their will to be actively engaged in both topics.