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CONSUMER PROTECTION IN THE SLOVAK REPUBLIC
Abstract
Under the influence of the law of the European Union, in the Slovak Republic, special attention has been drawn to consumer protection for some time already. Consumer protection is provided for in several laws. Particularly resonant is the protection of consumers from unfair contractual terms, as laid down in the Civil Code (Act No. 40/1964 Coll.) and the Civil Litigation Procedure (Act No. 160/2015 Coll.). In the Civil Code, unfair terms are defined by the general clause. Also included is demonstrative enumeration of unfair terms most commonly occurring in practice, together with how the courts may decide on unfair terms, and what the consequences related to the judicial decision may be. Procedural regulation distinguishes two kinds of court proceedings – individual consumer disputes) and proceedings dealing with abstract/conceptual control in consumer matters. The differences between them concern the party that may bring a civil action, against whom, what the subject matter of the proceedings will be, and how the court may decide on an unfair contractual term. While the substantive law does not specifically regulate the binding force of the court decision, in the procedural law the binding force is laid down erga omnes/towards everyone. At first look these two regulations, the substantive and procedural laws, look consistent, a more detailed study, however, shows they are not closely interrelated. Consequently, mainly as for the binding force of the judicial decision, the relevance granted to them by the legal doctrine, cannot be accepted due to diverse interpretations. Therefore, this paper considers the binding force of judicial decisions reached in the proceedings instigated to examine any unfair terms.
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