New Civil Code · Debt Recovery

Limitation under the new rules: a uniform three years for everyone

The new Civil Code is intended to unify civil and commercial limitation rules under a general three-year period. For commercial creditors, this means the end of the fourth year and a reason to adjust internal processes.

A question that should have a simple answer currently does not: when does your claim become time-barred? Slovak law has two regimes, a three-year civil limitation period and a four-year commercial one (§ 397 of the Commercial Code), with different calculation rules. The new Civil Code is intended to end this.

What recodification proposes

According to the recodification commission’s brochure, limitation rules will align with modern European trends and become considerably simpler. Today, even specialists often struggle to determine a limitation period, undermining legal certainty. The proposal unifies civil and commercial limitation regimes and standardises and simplifies periods as far as possible. It introduces a uniform general three-year limitation period.

The government approved the draft code on 6 May 2026, and Parliament advanced it to second reading on 9 June 2026. The anticipated effective date is 1 July 2027.

Why the dual system causes problems

Two regimes mean two sets of rules, and one mistake is enough. In a mixed relationship, misidentifying whether a claim is governed by the Civil or Commercial Code means relying on the wrong deadline. A time-barred claim is difficult to enforce: if the debtor raises limitation, the court dismisses the claim even though the underlying entitlement exists.

What this means for creditors

Unification is good for legal certainty, but commercial creditors will lose today’s “fourth year”. In practice, this means:

  • Adjust internal monitoring of due dates: set reminders, escalation and referral for recovery to fit within a three-year horizon.
  • Do not delay recovery: claims that can currently “wait a little longer” may have one year less under the new regime.
  • Manage the transition: for existing claims, which regime applies will be decisive. The transitional provisions of the final Act will determine this. Parliament must still consider them, so the wording may change.

Prepare in advance

Limitation is only one area recodification changes. If your business relies on templates and receivables, it is worth starting preparation for the new Civil Code before capacity fills up just before the effective date. If claims are already approaching limitation under current rules, we can help with debt recovery immediately, regardless of when the new code takes effect.

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.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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