Assignments of receivables in civil and commercial matters under the laws of the Slovak Republic

Levrinc, Miloš, 1979-

Assignments of receivables in civil and commercial matters under the laws of the Slovak Republic / Miloš Levrinc. -- Receivables play an increasingly important role in the financing of particularly small and medium-sized businesses. This importance has been recognised by many international organisations, including UNIDROIT, which is slated to adopt a Model Law on Factoring in 2023. The purpose of the Model Law is to encourage States to modernise their legal frameworks for absolute and security assignments, as well as pledges of receivables. The EU has been struggling to find common ground with respect to a regulation on the law applicable to assignments that would build on the Rome I Regulation. A modern receivables regime rests on several key foundation blocks that include the ability to describe receivables generically, achievement of third-party effectiveness by registration, and predictable priority rules. Much of the law of assignments is of contractual nature, which is suitable to party autonomy. Party autonomy in the field of contractual obligations is a recognised institution under the national substantive law of the legal order of the Slovak Republic. In some respects, the Slovak legal regime would benefit from modernisation, such as in requiring all types of assignments and pledges to be registered, which facilitates the determination of priorities. This article examines the law governing assignments of receivables in civil and commercial matters in the Slovak Republic. It not only analyses the statutory law but also surveys the relevant case law that fills gaps in the legislation.

In Access to justice in Eastern Europe : AJEE : peer-reviewed journal. -- Kyjev : Publishing House VD "Dakor", 2023. -- ISSN 2663-0575. -- ISSN 2663-0583. -- Vol. 6, no. 2 (2023), pp. 122-134