Slovak Financial Law News 2004
Judgement of the Supreme Court of the Slovak Republic dated 22 August 2002, file No. 1 Cdo 9/02, published in the Collection of Opinions of the Supreme Court and Decisions of Courts of the Slovak Republic No. 6/2003
If co-owners concluded a written and also an oral agreement on abolishment and settlement of their tenancy in common, the court shall examine the validity of both of these agreements. The written agreement on abolishment and settlement of the tenancy in common shall be examined particularly focusing on the question whether the agreement is not so-called simulated legal act; the oral agreement (dissimulated legal act), in such a case when the subject matter of the agreement is a real estate, shall be examined focusing on the compliance of the agreement with the form prescribed by the law (Section 46 (1) of the Civil Code).
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