The end of two codes: obligations under a single code

Since 1991, Slovak contract law has operated in two worlds. Sale agreements, contracts for work and safekeeping are regulated twice: in the Civil Code (No. 40/1964 Zb.) and the Commercial Code (No. 513/1991 Zb.). The new Civil Code is intended to end this dualism.

Why two regimes are a problem

Before signing a contract, you must know which code governs it, and the answer is not always obvious. Practical issues depend on it. According to the recodification commission’s materials, even specialists often struggle to determine the limitation period because civil and commercial limitation rules differ. The consequences of breach also differ and must currently be found in incomplete rules for individual contract types. A mistake in identifying the regime usually surfaces only in a dispute.

What the new code proposes

The draft adopts a unified approach: one civil code also covering commercial obligations and unfair competition. The recodification commission describes this as a key change, removing the dual regulation of the most common contract types: sale, work, mandate, safekeeping and, in part, carriage contracts.

An important detail is that the substance is based primarily on the existing commercial law rules. Sale and work contracts build on the Commercial Code; safekeeping is combined with warehousing on a commercial law basis; and mandate contracts draw on commercial mandates. These are supplemented by a uniform system of remedies for non-performance across all contract types and a general three-year limitation period.

What this means for businesses

For businesses familiar with the Commercial Code, the new regime will not be unfamiliar: it draws heavily on those rules. In practice, template contracts and general terms will need to be updated for new relationships. Existing contracts must, however, be distinguished: § 1889(3) of the draft generally preserves the existing law for obligations arising from contracts concluded earlier, while § 1892 deals separately with the running of time limits. The recodification therefore does not automatically invalidate every existing reference to the Commercial Code or its agreed effects. Limitation, penalty and breach clauses deserve particular attention, always having regard to the applicable transitional rules.

When will it happen?

The government approved the draft Civil Code on 6 May 2026, and Parliament advanced it to second reading on 9 June 2026. The anticipated effective date is 1 July 2027; both the date and wording may still change.

If your business relies on template contracts and general terms, preparing the transition early is worthwhile. See our preparation for the new Civil Code service for our approach. We can review your documentation well in advance.