ABSTRACT

The long-awaited recodification of private law in the Slovak Republic has only recently reached its first stage, during which a government bill to amend the Civil Code has been brought forward, accompanied by an explanatory memorandum. Even though the legislature chose merely the path of partial amendments to the Civil Code of 1964 and did not resort to enacting the new code as such, the content of the proposed amendment might bring about essential institutional novelties to the entire civil law system, especially the law of obligations. The chapter provides a brief background of the recodification of private law in Slovakia and discusses its current conceptual foundations and principles, especially concerning the question of whether a monistic or dualistic conception is more appropriate. Afterwards, the concrete fundamental changes are discussed, such as the reduction of absolute nullity of legal acts, the precision of the contracting process, and the change related to voidability of the debtors’ legal acts. Lastly, the chapter focuses on the amendments related to the prescription regime and pinpoints the necessary comparative foundations. As for the conclusion, the key elements of the upcoming recodification are summarized.