Contract Law in the Slovak Republic

Cover
Half Title
Title
Copyright
The Authors
Table of Contents
List of Abbreviations
Preface
General Introduction
	§1.	General Background of the Country
		§2.	Legal Family and the Slovak Law
		§3.	Primacy of Legislation in the Slovak Legal System
		§4.	The Position of the Judiciary
		§5.	Distinction Between Public Law and Private Law (Administrative Contracts)
		§6.	Distinction between Civil Law and Commercial Law (Commercial Contracts)
Introduction to the Law of Contracts
	§1.	Definition of the Law of Contracts
		§2.	Historical Background of the Law of Contract
		§3.	Classification of Contracts
		§4.	Contracts and Torts
		§5.	Contract and Quasi-contract
		§6.	Contracts and the Law of Property
		§7.	Contract and Trust
		§8.	Good Faith and Fair Dealing
		§9.	Style of Drafting
		§10.	Sources of the Law of Contract
Part I. General Principles of the Law of Contract
	Chapter 1.	Formation
		§1.	Agreement and Quid Pro Quo (Reciprocity)
		I.	Offer and Acceptance
		II.	Intention to Create Legal Relations
		III.	Consideration (Gratuitous Promises; Natural Obligations)
			A.	Consideration
			B.	Gratuitous Promises
			C.	‘Natural Obligations’
		IV.	Modifications of the Contract
		§2.	Formal and Evidence Requirements
		I.	Formal Requirements
		II.	Contract Under Seal
		III.	‘Solemn’ Contracts
		IV.	Evidence Requirement
		V.	Function of the Notary and Notarial Instruments
		VI.	Burden of Proof
		§3.	Liability and Negotiations
		I.	Pre-contractual Liability
		II.	Breakdown of Negotiations
	Chapter 2.	Conditions of Substantive Validity
	Chapter 3.	The Content of a Contract
		§1.	General Explanation
		§2.	Interpretation
		§3.	Conditional Contracts
	Chapter 4.	Privity of Contract
		§1.	The Rule of Privity of Contract
		I.	Third Parties and the Contract
		II.	Contract for the Benefit of a Third Party
		III.	Contract to the Debit of a Third Party
		§2.	Transfer of Contractual Rights and/or Obligations
		I.	The Term and Kinds of Changes in Obligations
		§3.	The Special Case of a Sub-contract, For Example the (Nominated) Sub-contractor in Building Contracts
		§4.	Actio Pauliana
	Chapter 5.	Termination of a Contract
		§1.	Debt Fulfilment: Performance and Breach
		§2.	Impossibility and Hardship: Unforeseen Impossibility
		§3.	Withdrawal from the Contract
		§4.	Setting Off (Unilateral and by Agreement)
		§5.	Agreement on a New Obligation (Novation)
		§6.	Waiver of a Right
		§7.	Remission of Debt
		§8.	Settlement
		§9.	By Lapse of Time
		§10.	Death of the Debtor or the Creditor
		§11.	Preclusion of Rights
		§12.	Debtor’s Delay Under ‘Fixed’ Contract
		§13.	Merger of Debts
Part II. Specific Contracts
	Chapter 1.	Consumer Contract: General Provisions
		§1.	General Rules for Consumer Contracts
		I.	Distance Contracts
		II.	Contracts Negotiated Away from Business Premises
	Chapter 2.	Sales
		§1.	‘Civil’ Sale
		I.	Exchange (Barter) Contract
		II.	Sale of Goods in Shops
		§2.	‘Commercial’ Sale
		I.	Sale (Transfer) of the Enterprise
		II.	Sale of a Leased Thing
	Chapter 3.	Donation
	Chapter 4.	Contract for Work
		§1.	‘Civil’ Contract for Work
		§2.	‘Commercial’ Contract for Work
	Chapter 5.	Loans
		§1.	Loan for Consumption
		§2.	Loan for Use
	Chapter 6.	Lease Contracts
		§1.	General Provisions
		§2.	Lease of Flats
		§3.	Lease of Non-residential (Business) Premise (Space)
		§4.	Lease of an Enterprise
		§5.	Lease of a Means of Transport
	Chapter 7.	Mandate
		§1.	‘Civil’ Mandate
		§2.	‘Commercial’ Mandate
	Chapter 8.	Bailment (Contract on Custody, Deposit)
		§1.	‘Civil’ Bailment
		§2.	‘Commercial’ Bailment
		§3.	Storage
		§4.	Commercial Contract on Bank Deposit of a Thing
	Chapter 9.	Accommodation for a Short Term
	Chapter 10.	Transportation
		§1.	‘Civil’ Transportation
		I.	Transportation of Persons (Passengers)
		II.	Carriage of Goods
		§2.	‘Commercial’ Transportation of Goods
	Chapter 11.	Agency Contracts (Brokerage)
		§1.	‘Civil’ Agency
		§2.	Commercial Agency
		§3.	Business on Commission (Commissionary Agency)
		§4.	‘Commercial’ Procurement
	Chapter 12.	Bank Businesses
		§1.	(Bank) Deposits
		§2.	Deposit Account
		§3.	Credit
		§4.	Current Account
		§5.	Traveller’s Cheque
	Chapter 13.	Insurance
	Chapter 14.	Civil Partnership
	Chapter 15.	Silent Partnership
	Chapter 16.	Private Annuity
	Chapter 17.	Wagering (Betting) and Gaming
	Chapter 18.	Public Competition
	Chapter 19.	Public Promises
	Chapter 20.	Package Tours (Travel Contract)
	Chapter 21.	Contract for Operation of a Means of Transport
	Chapter 22.	Contract for Inspection Activities
	Chapter 23.	Quasi-contracts
		§1.	Obligations Arising from Unjustified Enrichment
		I.	General Outline
		II.	The Obligations Arising from Unjustified Enrichment
		III.	Legal Consequences of Unjustified Enrichment
		§2.	Agency Without Mandate (Negotiorum Gestio)
Selected Bibliography
Index
Back Cover