Spotrebiteľská zmluva a obchodný zákonník
Consumer Contract and the Commercial Code

Summary/Abstract: The general legal regulation of consumer protection (according directive 93/13/EEC) has to be unambiguously applied also to telecommunication services, services in the field of energy, also to financial services and to all cases where there is a relation between a supplier and a consumer. It is possible to establish that the legal regulation of consumer protection in the Slovak Republic was up until January 1, 2008 very complicated and inconsistent. In the case of financial services, some shortcomings remained up to 1.june 2010. Especially, strong economic subjects question the subsumption of their relations with the consumers under the regulation of consumer contracts. Aggressivity in practical application in relation to the consumer necessitated a legal correction in the form of the new definition of consumer contracts which better fulfills requirements of the Community law in this field. The legislative technique of the enumerative list of consumer contracts in the sec. 52 of the Civil Code effective until January 1, 2008 constitutes a real problem. For the application of the institute of consumer contract (after the fulfillment of “community” conditions set up for the application of this institute has no relevance, if contracting parties agreed the subsumption of their legal relationship under commercial code.

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