Current Issues in Construction Law in the Slovak Republic (Mojmír MAMOJKA Jr.)

Current Issues in Construction Law in the Slovak Republic (Mojmír MAMOJKA Jr.)

The primary legislation governing all fundamental relations in the construction industry in the Slovak Republic is the Commercial Code (Act no. 513/1991 Coll. as amended). This code, which is intended chiefly for business entities, dates back to as early as 1991, when the Federal Assembly of the Czech and Slovak Federative Republic was still in existence. Since 1993 in particular, when an independent Slovakia and an independent Czech Republic came into being, what were at that time the new Commercial Code and rules governing legal relations in the construction industry (especially those contained in Sections 536 to 565 of the Commercial Code involving provisions on the Contract for Work) were expected to be short-lived from the social and legal perspectives. Th ere was a tendency to view them more as temporary solutions amidst the creation of a full-fledged market environment. Society was moving from a socialist and authoritative form of governing to a modern, market-based economy that ushered in a number of new and previously unknown business opportunities. The legislature of what was a fledgling state at that time had no experience with regulations that provided full support to private ownership, all forms of doing business and a pragmatic attitude of foreign investors.

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