Unfair Commercial Practices and Unfair Contract Terms in the Slovak Republic and Their Reflection in the Slovak Case Law

Monika Jurčová

In: Societas et iurisprudentia • 2017 • Volume 5 • Issue 1 • Pages 38-63 • ISSN 1339-5467

Abstract: The Unfair Contract Terms Directive and the Unfair Commercial Practices Directive as well as their application in the Slovak case law create the topical problem in the Slovak contract law. Both directives have significantly improved the position of the weaker party to contract. The study deals with the question whether the principle-based approach (the general clause) or the list of terms and practices should be preferred form of regulation as well as with their expressions in the case law. The maximum (Unfair Commercial Practices Directive) and the minimum harmonisation (Unfair Contract Terms Directive) approaches implemented by these directives are partly linked to the second question in the relation to the legal nature of the list of unfair contract terms in the Slovak Civil Code. The importance of unfair competition rules in the Slovak Commercial Code may not be overlooked in the future as the important tool to prevent the unfair commercial practices not only between traders but also those targeted against consumers.

Key Words: Unfair Terms; Unfair Commercial Practices; Contractual Consequences; Unfair Competition; Protection of Consumer; the Slovak Republic.

URL: https://sei.iuridica.truni.sk/archive/2017/01/SEI-2017-01-Studies-Jurcova-Monika.pdf

Bibliographic Citation

JURČOVÁ, M. Unfair Commercial Practices and Unfair Contract Terms in the Slovak Republic and Their Reflection in the Slovak Case Law. Societas et iurisprudentia [online]. 2017, vol. 5, no. 1, pp. 38-63 [cit. 2020-01-01]. ISSN 1339-5467. Available at: https://sei.iuridica.truni.sk/international-scientific-journal/archive/issue-2017-01/unfair-commercial-practices-and-unfair-contract-terms-in-the-slovak-republic-and-their-reflection-in-the-slovak-case-law/.