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1

NESPLNENIE – STAV DE LEGE LATA

100%
Jurčová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2016
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vol. 99
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issue 4
274 – 286
EN
The author briefly outlines the regulation of non-performance in the Slovak Civil Code and Commercial Code. Having acknowledged the deficiencies of our system differentiating the various types of breach, the paper outlines the salient features of the unitary concept of non-performance adopted by the UNIDROIT Principles of International Commercial Contracts (UPICC), Principles of European Contract Law (PECL) that are based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the one is essentially identical to the other. On the basis of this system the author introduces the reform movements in the law of obligations across the Europe that have strongly influenced first drafts and proposals for Slovak reform of non- performance. The discussion on the basic policy questions of these proposals should be the preferred working method on the way forward for Slovak law.
2

KÚPNE ZMLUVY UZATVÁRANÉ ON-LINE A KÚPA DIGITÁLNEHO OBSAHU – ÚVAHY O NOVEJ REGULÁCII

51%
Jurčová M., Novotná M., Adamová Z., Dobrovodský R.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2017
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vol. 100
|
issue 2
143 – 161.
EN
The paper introduces the key elements of the two recently published European digital contract rules proposals - the draft directive on certain aspects concerning contracts for the supply of digital content and the draft directive on contracts for the online and other distance sale of goods, both of them aiming (as part of the EU’s Digital Single Market Strategy initiative) to harmonise the „decisive rules“ concerning contracts either for the supply of digital content or for the online sale of goods. As instruments drafted as “maximum harmonization measures“ trying to overcome the „legal patch-work“ in the area of consumer contract law, the proposed directives should reduce the barriers to the growth of cross-border e-commerce in the EU and thus simplify and promote better access for consumers and businesses to digital content and online sales across the EU. This paper addresses the most significant aspects of the proposed regimes (scope of application, key provisions, models of standards of conformity, remedies available to consumers etc.) set in the broader context of European contract law in form of its “hard law” instruments, however, not avoiding demonstration of possible application complications. The paper also shows the legislative progress achieved during the Dutch and the Slovak Presidency of the Council of the EU. Based on detailed analysis of the proposed legislation, the authors attempt to outline its potential impact on the Slovak legal environment (particularly considering the actual private law re-codification activities).
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