Slovak President Peter Pellegrini signed the new Civil Code on Tuesday. The legislation was drafted by the Ministry of Justice, which argues that the previous version was inadequate. The new Civil Code is intended to cover the broadest possible range of private-law relationships, thereby ensuring greater consistency and clarity in the legal system. Parliament approved the Civil Code on 1 October.
“The Civil Code currently in force was adopted in 1964, and its content reflected the era in which it was created. In other words, it was built around typical situations in socialist life, resulting in an unnaturally restricted legal space for individuals to make their own decisions about their affairs. This has led not only to brief legal provisions that overlooked many classical legal institutions, but also to an overly simplistic view of law as a system of boundaries within which individuals can exercise broad freedoms. Although some of its shortcomings have been addressed over time, the Civil Code remains, in many respects, legislation designed only for basic, standard cases. In today’s world, characterised by the complexity of social and economic relationships, such legislation is no longer sufficient,” the ministry said.
The new legislation consists of seven parts. The first part governs general legal institutions. It addresses, for example, the subject matter of private-law relationships, introduces a uniform general limitation period of three years and simplifies the legal provisions governing representation.
The second part refines, among other things, the legal provisions concerning natural persons and guardianship, and establishes a basic framework for legal entities, which had previously been absent apart from provisions governing business companies.
The third part covers property relations between spouses and largely reflects the current legal situation. It introduces the term “joint marital estate” into the law. “This term more precisely captures its content and essence than the previous term ‘joint ownership of spouses’ or the unsuitable alternatives ‘joint property of spouses’ and ‘joint ownership by spouses’,” the ministry added.
The fourth part deals with the law of obligations. It introduces, for example, legal institutions that have been used in practice but have faced legal uncertainty due to the absence of explicit legislation. It also addresses numerous disputed issues relating to compensation for damage, as well as compensation for non-material harm suffered by secondary victims. The part also harmonises civil-law and commercial-law provisions. “The dual system governing certain types of contracts, such as contracts of sale and contracts for work, is being abolished,” the ministry explained.
The fifth part defines rights in rem, including provisions governing possession.
The sixth part, among other things, expands the range of legal instruments available for estate planning in the event of death, introduces new grounds for succession through a succession contract, and establishes new legal institutions, including legacies, testamentary instructions and estate administration. It also changes the legal provisions governing wills, disinheritance and forced heirs.
“The seventh part of the bill is typically devoted to common, transitional, final and repealing provisions,” the ministry added.
In early October, Parliament also approved two amendments proposed by the opposition Christian Democratic Movement (KDH) during the vote on the legislation. These will introduce the legal institutions of a sub-pledge and a private fund. However, the Christian Democrats failed to secure approval for another amendment concerning an electronic person, which was rejected by the plenary.
The new Civil Code is scheduled to enter into force on 1 July 2027.
Source: TASR
