Princípy v novom Civilnom sporovom poriadku Slovenskej republiky
Principles within the New Adversial Civil Procedure Code in Slovak Rapublic

Summary/Abstract: The efforts to recodify the civil procedural law in Slovak republic were finished by the adotption of the new Adversial Civil Procedure Code in the parliament. The code brings one important novelty – the anchoring of fundamental principles, as general rules of its interpretation, within the first 18 articles included in the first part of this new law. The author of this paper has focused on principles that are completely new. She specifically discusses the principle of fair and effective protection of rights (Article 2) which is somehow close to the judicial precedent, the principle of analogy (Article 4) which is related to the judicial rule-making, the principle of abuse of rights (Article 5) allowing to reject or penalize procedural decision, the principle of concentration of proceedings (Article 5, 10 and 17) in relation to disputes demanding the protecting the weaker party and the principle of equality of arms of the parties (Article 6). The paper is focused primarily on the interpretation of the new legislation but offers also some critical view.

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