What to keep in mind with a loan, a gift, a power of attorney and a complaint
For anyone who lends money to people they know, gives a gift, authorises someone to act for them, complains about goods or chases a debt, in other words for people outside business.
The law as at
Most agreements between private individuals do not have to be in writing. For some, though, the law requires the written form and a legal act without it is invalid. For the rest, paper is the only record of what you agreed, and disputes are then not about what the law says but about who can prove what.
When you buy from a trader you are a consumer and the law protects you more than in a deal between two private individuals: the seller is liable for defects that appear within two years of delivery, and you can withdraw from a distance purchase without giving a reason.
The list below does not impose anything on you. It says what to keep in mind so that you do not lose your rights, and each point gives the provision it comes from.
What to keep in mind
8 points. Each gives the provision it comes from and, where we have a template for it, a link to it.
The written form where the law requires it
A gift of real estate and a gift of a movable item that is not handed over at the time of the gift have to be made in writing. An acknowledgement of debt also has to be in writing if it is to have the effects the law gives it. A legal act without the form required by law is invalid, and an agreement made in writing can be changed or cancelled only in writing.
§ 40(1) and (2), § 558 and § 628(2) of the Civil Code
A loan with a repayment date
A loan agreement does not have to be in writing, but a written one is the only record of how much money the borrower received and by when they will repay it. If the repayment date is not agreed, the borrower has to repay the debt on the first day after the lender asks for it. Interest on a money loan is paid only if it is agreed.
§ 563, § 657 and § 658(1) of the Civil Code
Acknowledging a debt with its reason and amount
When a debtor acknowledges in writing that they will pay a debt specified by its reason and amount, the debt is presumed to have existed at the time of the acknowledgement. An acknowledged debt becomes time-barred ten years after the acknowledgement, or after the payment deadline if the acknowledgement sets one. The general limitation period is three years.
§ 101, § 110(1) and § 558 of the Civil Code
A gift is returned only exceptionally
A gift agreement under which performance is to take place only after the donor's death is invalid. The donor can claim the gift back only if the recipient behaves towards them or their family members in a way that grossly violates good morals.
§ 628(3) and § 630 of the Civil Code
A power of attorney with a precise scope
A power of attorney has to state the scope of the attorney's authority. It has to be in writing when the act itself has to be done in writing, and always when it does not concern only a specific act. You can revoke it at any time and you cannot validly give up that right.
§ 31(1) and (4) and § 33b(1) and (3) of the Civil Code
A complaint within two months of finding the defect
When you buy from a trader, the seller is liable for a defect that appears within two years of delivery. You can only exercise the rights, though, if you notify the defect within two months of finding it. The seller has to give you a written confirmation without delay with a period for remedying the defect, at most 30 days unless an objective reason justifies a longer one.
§ 619(1), § 621(3) and § 622(3) of the Civil Code
Withdrawing from a distance purchase
You can withdraw from a contract concluded at a distance, for example in an online shop, or off the trader's business premises, without giving a reason. Exceptions include goods made to measure, goods that spoil quickly or hygiene goods whose protective packaging has been opened.
§ 19(1) of Act 108/2024 Coll.
A payment demand and limitation
A demand gives the debtor a deadline and is proof that you asked for payment; for a debt with no agreed due date it is precisely the request from which the due date follows. A demand does not stop limitation, though. The limitation period stops running only when you assert the right in court and duly pursue the proceedings.
§ 101, § 112 and § 563 of the Civil Code
Document templates
All templatesFill in each template with your own details and get a document under Slovak law.
- Loan agreement
- Acknowledgement of debt
- Demand for payment
- Gift agreement
- Power of attorney
- Loan for use agreement
- Lease of a movable item
- Agreement to arrange the sale of an item
- Contract for work
- Product complaint
- Withdrawal from a contract
- Apartment lease
- Short-term flat lease agreement
- Notice terminating a flat lease
- Handover report
What this list does not cover
The list is built on legislation whose wording we have verified against the Slov-Lex register. The areas below fall outside it and have to be dealt with elsewhere.
- Selling and giving a flat, house or land and registration in the land register
- Inheritance and wills
- Family law: spouses' property, divorce and maintenance
- Income tax on selling things or letting
Common misconceptions
Cash without a receipt
With a cash loan the only proof that the borrower received the money is their signature under a sentence confirming it. A bank transfer leaves a trace at the bank.
A gift or a loan?
Money handed over without an agreement is hard to classify later: one side claims a loan, the other a gift. A written agreement answers whether it has to be returned.
A power of attorney for everything
When an attorney acts in your name within the power of attorney, rights and obligations arise directly for you. For a one-off matter, such as selling a car, a power of attorney for that one act is enough.
A complaint left for later
Someone who finds a defect in January and complains in April may lose the rights arising from liability for defects. The defect has to be notified within two months of finding it.
Frequently asked questions
Does a loan between friends have to be in writing?
The law does not require it, but without a written agreement it is hard to prove how much you lent, when it is to be repaid and whether interest is payable. A simple agreement signed by both parties is enough, or at least the borrower's written confirmation that they received the money.
Is a verbal power of attorney valid?
For an act that does not have to be done in writing and concerns only a specific matter, yes. The law requires a written power of attorney when the act itself has to be done in writing, and always when it does not concern only a specific act.
What if the trader did not give me a confirmation of my complaint?
The seller is obliged to issue a written confirmation of the notified defect without delay, stating the period in which it will remedy the defect. If it rejects liability, it has to tell you the reasons in writing.