The current state of the Slovak private law recodification

Hlušák, Milan (2024) The current state of the Slovak private law recodification. In: Codification of Civil Law: Assessment, Reforms, Options. Legal Heritage . Central European Academic Publishing, Miskolc–Budapest, pp. 209-227. ISBN 978-615-6474-72-8 ISBN (epub) 978-615-6474-73-5 ISBN (pdf) 978-615-6474-74-2

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Abstract

The Civil Code, which is currently in force in the Slovak Republic, was adopted in 1964, that is, in a different social system. This code was intended to regulate only typical situations of socialist life. The result was an unduly simplified and overly generalised legal regulation that served as an instrument for managing society rather than for realising private interests. Although the changes made to the legislation after the socialist regime ended in 1989 removed many of the shortcomings, new ones were introduced, resulting in an insufficient, disparate, unsystematic, inconsistent, and fragmented regulation that does not fulfil its unifying and systemising role. The Code still in force therefore does not offer satisfactory solutions to the problems of current complex life because it is over-simplified, inconsistent, and incoherent. Despite these glaring negatives, the Slovak Republic has not managed to adopt a new Civil Code even after decades of recodification works. In this chapter, an attempt is made to identify the reasons for this undesirable state of affairs. Among them are, first, the weak interest of politicians, social and political unawareness of the benefits of a new code, the method of recodification work, the fatigue involved in the recodification process, and its extensiveness. The objectives of recodification are also discussed – particularly, the strengthening of the private autonomy of individuals while respecting the protection of the weaker party, modernisation and streamlining of private law, its integration and centralisation, as well as the transparency and clarification of the civil law system. In the conclusion, a brief picture of the intended structure of the new Code (according to its draft) is presented, describing the most significant changes.

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