The Changing Concept of ‘Family’ and Challenges for Domestic Family Law
Edited by Jens M. Scherpe
Chapter 12: The changing concept of ‘family’ and challenges for family law in the Slovak Republic
Family law matters in the Slovak Republic are currently governed by a specific family law statute: the 2005 Family Act. However, this state of affairs is only temporary, because a significant change, namely the inclusion of family law matters into the new Civil Code, is currently being drafted. This change is not merely a technical one: it has a deeper conceptual significance as it reflects consideration given to the place of family law in the system of private law, in the context of the ongoing codification of private law in the Slovak Republic which will replace the old Civil Code. The view that family law is an integral part of the general private law prevailed. Thus it was considered necessary for family law to be regulated in the new Civil Code. This Code is intended to fulfil the function of a general private law, as it is typical in continental legal systems. Work on the new Civil Code is in the final phases and it is estimated that the draft Code will be submitted to the National Council (Parliament). Given the importance of the Code, lively parliamentary discussion can be expected and numerous comments and modifications are sure to accompany the passage of the Code through the Council. Whatever its final wording, family law will be a part of the Civil Code enacted by the Parliament.
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