Slovak Financial Law News 2005

Contestability of Legal Act

Decision of the Supreme Court of the Slovak Republic dated 18 December 2002, file No. 5 Cdo 142/02, issued in the Collection of Opinions of the Supreme Court and Decisions of Courts of the Slovak Republic No. 4/2004

For the Application of provisions of Section 42a of the Civil Code, a demonstrable and objectively given reason is substantial for a successful contestability of a legal act, even though the creditor, at the time of the conclusion of such act, was not in the legal relationship with the debtor (donor), if he filed such claim within the period of three years since the conclusion of the contestable act (deed of donation) and if it is objectively proved that the donee, under given circumstances and with the exercise of due care, must have known about such intention.