The supplier fails to deliver, the work is defective or the customer does not pay. Every such dispute starts with the same question: what are your options? The answer currently depends on the type of contract and often on which code governs it. The new Civil Code is intended to change that.
Why the current position is a problem
The consequences of non-performance must currently be found in incomplete rules for individual contract types. Sale contracts have one set of rules, work contracts another and other types their own, compounded by the Civil and Commercial Codes’ dual system. Disputes therefore often begin with deciding which regime applies before addressing the claim itself. Gaps in the rules also give the defaulting party room for obstructive interpretations.
One system for every contract
According to the recodification commission’s brochure, the draft Civil Code introduces a modern, unified system of remedies for non-performance, established in other legal systems, making the consequences of breach clearer and consistent across contract types. One general set of rules will replace the search for provisions scattered among individual contract types.
Other proposed changes also relate to breach: express rules for non-pecuniary claims arising from breach of contract, typically where returning a deposit is plainly insufficient, and disguised late-payment interest, which has caused practical difficulties.
What this means for your templates
Clauses on withdrawal, price reductions, substitute performance and contractual penalties are currently tailored to scattered rules. After recodification, they must be aligned with the unified system; otherwise, a clause may conflict with the law and fail in a dispute. Clearer statutory rules also reduce the scope for obstructing recovery, a familiar issue in disputes over defective work.
When will the change arrive?
The Slovak government approved the draft on 6 May 2026, and Parliament advanced it to second reading on 9 June 2026. The anticipated effective date is 1 July 2027. The wording may still change, but this is the right lead time for preparing penalty and liability clauses.
If your business uses contract templates, our preparation for the new Civil Code includes reviewing remedies for breach. We can check them before a dispute arises.
This article provides general legal information as at 16 July 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
