MILDER ASSESSMENT OF THE FACTUAL JUSTIFICATION OF OPPOSITION FILED BY A NATURAL PERSON

#17Milder assessment of the factual justification of opposition filed by a natural person

The Ministry of Justice has prepared an amendment to the Reminder Procedure Act. The amendment aimed to re-evaluate the legal regulation of the reminder procedure and the order for payment procedure in the Code of Civil Procedure.

If the consumer lodges an opposition to an order for payment, a situation may arise where, based on his knowledge of the law, he creates an opposition that is insufficiently substantiated. According to procedural rules, this may mean a court decision to reject the opposition.

The Ministry, therefore, prepared a change in the legal regulation of the reminder procedure under the Reminder Procedure Act and the order for payment procedure under the Civil Procedure Code. The court will be obliged to take into account the defendant's position as a consumer in the substantive reasoning of the opposition and, as a result, to assess the substantive substantiation of the opposition more mildly.

The wording of the amendment has already been approved by the government, and the law is awaiting approval by the National Council of the Slovak Republic.