The breach of contract and its consequences present the topic that is regulated in a quite blind way in conditions of the Slovak legal milieu. The above mentioned fact is not true in the so called 'European private law initiatives' that are many times denoted as model regulations for the particular national legal regulations. Due to the re-codification efforts in Slovakia, it is necessary to analyze the possibilities of the national legislature in detail. The basic presumption is the account with the problematic terminological aspects, such as a breach of contract versus non-performance and consequences versus remedies. In this way, only the above mentioned account enables finding of the relevant solutions of the problematic aspects of the national regulation.