Exchange agreement template
Swapping one item for another, such as a bike for a scooter, with an optional balancing payment, under the Slovak Civil Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Zámenná zmluva
- I. Prvá strana
- II. Druhá strana
- III. Predmet zámeny
- IV. Odovzdanie vecí a nadobudnutie vlastníctva
- V. Stav vecí a vady
- VI. Záverečné ustanovenia
Under an exchange agreement the parties swap one item for another. Each party is treated as the seller of the item it gives and as the buyer of the item it receives, so the provisions on purchase apply to the exchange by analogy.
For a movable item a party acquires ownership on taking it over, unless agreed otherwise. Together with ownership it also bears the risk of accidental destruction or deterioration of the item.
If the items are not of equal value, the parties may agree a balancing payment. The parties are liable for defects of the exchanged items much as a seller is in a purchase.
Who needs this document
- Two people swapping a bike for a scooter or a phone for a laptop
- Collectors exchanging items from their collections
- Neighbours swapping tools or machines with a balancing payment
What the document must contain
- Precise identification of both parties
- A description of both items that cannot be confused, for example with a serial number
- The balancing payment, if the items differ in value, and when it is paid
- When and where the parties hand over the items
- Known defects of both items
Legal basis
Občiansky zákonník (Civil Code)
Governs the exchange agreement by reference to the provisions on purchase, acquisition of ownership of a movable item on handover and liability for defects.
Most common mistakes
Exchanging real estate with this template
Ownership of real estate is acquired by entry in the land register, not by handover. This template is therefore only for movable items.
An undisclosed defect
Before concluding the agreement, each party must point out defects of its item that it knows of. If a defect it did not mention comes to light later, the other party is entitled to a reasonable discount, and for a defect that makes the item unusable also to withdraw from the agreement.
A defect reported too late
Rights arising from defects can be exercised only if the defect is reported without undue delay, at the latest within 24 months of taking over the item.
A balancing payment without a deadline
If the items differ in value and one party pays the difference, both the amount and the due date belong in the agreement. Otherwise it is unclear whether it is paid on handover or later.
Someone else's or an encumbered item
A party is liable for its item having no legal defects and for debts attached to it. A statement that the item is its own and unencumbered belongs in the agreement.
Frequently asked questions
Is an exchange the same as two purchase agreements?
No. It is a single agreement to which the provisions on purchase apply by analogy: each party is the seller of the item it gives and the buyer of the item it receives.
When do I become the owner of the item I receive?
For a movable item, on taking it over, unless the parties agreed otherwise. For real estate, only on entry in the land register.
Can items be exchanged as they are?
Yes. A party is then not liable for defects of its item, unless the item lacks a quality the party declared it has or that the other party expressly stipulated.
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