Theoretical basis of the current decision-making practice of general courts of the Slovak Republic in the matter of erasing a statute-barred lien from the public register

Abstract

Even though the legal regulation of the institute of the right of lien (or its enforcement), which is contained in §151a et seq. of the Civil Code, is relatively complex, it neglects the situation of how to deal with the record (in the relevant public register) of the right of lien, the enforcement of which is time-barred. The author defines this problem as a gap in the valid legal regulation and points out the method of filling it by the highest judicial authorities of the Slovak Republic. However, author does not consider the situation to be resolved and, in comparison with the Czech legal regulation, proposes an amendment to the Slovak legal regulation so that the problem is also resolved at the level of positive law.