The Slovak Civil Code was enacted through Act No. 40/1964 Coll. This code was originally enacted during Czechoslovakia's socialist period and has since been amended several times to reflect modern legal standards. It provides the foundation for civil legal matters. The original code was structured into the following Parts: General provisions; Ownership and Property Law; Contractual obligations; Family law; Torts; Inheritance; Legal remedies and enforcement. The Third, Fourth and Fifth Part were repealed in 1992. The first Part (General provisions) establishes the basic principles of civil law, which includes the rights and duties of citizens, legal capacity, and the rules for forming legal relations. It also defines basic concepts such as property, ownership, and obligation.
OWNERSHIP AND REAL RIGHTS. Provisions are set out under the Sceond Part. The owner is entitled, within the limits of the law, to hold, use, enjoy its fruits and benefits and dispose of the object of his ownership (Section 123). Part II of the Code lays down rules applicable to ownership, including common property.
OBLIGATIONS AND CONTRACTS. Part Six of the Code deals with liability for damages and for unreasonable enrichment, which are sources of obligations. Further provisions on obligations in general are established in Part Eight of the Code, which defines "obligation" as a legal relationship from which the creditor has the right to performance from the debtor and the debtor has the obligation to fulfill the obligation. As to contracts, it is stipulated that obligations arise mainly from contracts expressly regulated by this law; however, they may also arise from other contracts not regulated by law (Section 51) and from mixed contracts containing elements of different contracts. The Code regulates sales contracts (Section 588), donation (Section 628), employment (Section 631), loan (Section 657), lease (Section 663), insurance (Section 788), among others. Specific rules in matter of consumer protection are laid down in Section 52 and subsequent provisions. As a general principle, consumer contracts must not contain provisions that cause a significant imbalance in the rights and obligations of the contracting parties to the detriment of the consumer (considered as "unacceptable condition").
INHERITANCE. Rules on succession are laid down in Part Seven, which applies to succession by law and by will.
OWNERSHIP AND REAL RIGHTS. Provisions are set out under the Sceond Part. The owner is entitled, within the limits of the law, to hold, use, enjoy its fruits and benefits and dispose of the object of his ownership (Section 123). Part II of the Code lays down rules applicable to ownership, including common property.
OBLIGATIONS AND CONTRACTS. Part Six of the Code deals with liability for damages and for unreasonable enrichment, which are sources of obligations. Further provisions on obligations in general are established in Part Eight of the Code, which defines "obligation" as a legal relationship from which the creditor has the right to performance from the debtor and the debtor has the obligation to fulfill the obligation. As to contracts, it is stipulated that obligations arise mainly from contracts expressly regulated by this law; however, they may also arise from other contracts not regulated by law (Section 51) and from mixed contracts containing elements of different contracts. The Code regulates sales contracts (Section 588), donation (Section 628), employment (Section 631), loan (Section 657), lease (Section 663), insurance (Section 788), among others. Specific rules in matter of consumer protection are laid down in Section 52 and subsequent provisions. As a general principle, consumer contracts must not contain provisions that cause a significant imbalance in the rights and obligations of the contracting parties to the detriment of the consumer (considered as "unacceptable condition").
INHERITANCE. Rules on succession are laid down in Part Seven, which applies to succession by law and by will.
Title:
Civil Code.
Country:
Slovakia
Type of document:
Legislation
Date of original text:
Date of latest amendment:
Files:
Repealed:
No