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THE IMPACT OF COVID-19 ON THE SELECTED PRIVATE-LAW INSTITUTES
Abstract
In connection with the spread of COVID-19 and the consequences it caused, the Slovak Republic has adopted several laws in various legal areas. One of them is the law, which has significantly affected the basic institutes of civil law. As the most important consequence can be considered the interference with the running of time limits, both substantive and procedural ones. In the case of substantive time limits (both standard limitation periods and extinctive limitation periods), a temporary suspension of these time limits has occurred followed by the resumption of the time limits that already elapsed and by their subsequent extension. As regards the procedural time limits set for the performance of a procedural act by a party to the proceedings, a temporary suspension of these time limits occurred regardless of whether they were provided for by law or specified by the court. Some contractual relationship subjects have been deprived of their rights for a period precisely defined by law. As a consequence, the lessors and the pledgees have been disadvantaged. On the other hand, the rights of the parties against whom enforcement is sought have been strengthened. The subject-matter of this article consists in a reflection on the need for such dramatic interventions and on the potential infringement of the principle of equality of arms as a fundamental principle governing the private law to the detriment of the entitled entities. The subject-matter of this article also revolves around a reflection on the potential infringement of the right to a fair trial as a result of the pertinent legislative interventions.
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References4
Novotná, M. in: Lazar, J., Arnoldová, M., Dobrovodský, R., Dulak, A., Dulaková Jakúbeková, D., Gandžalová, D., Jurčová, M., Kirstová, K., Kubíčková, G., Novotná, M., Richterová, N., Občianske právo hmotné (Civil Substantive Law). Slovak Republic, 2014, pp. 211- 212.
Fekete, I., Občiansky zákonník 1. zväzok. Všeobecná časť. Veľký komentár (Civil Code, vol. I, General Provisions. Great Commentary). Slovak Republic, 2017, p. 1079.
Holub, M. et al., Občanský zákoník. Komentář, 2. svazek § 488 – 880 (Civil Code. Commentary, vol. II, Sec. 488 – 880). Czech Republic, 2003, p. 1440.
Handl, V., Rubeš, J. et al., Občanský soudní řád. Komentář.
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