Amendments to the Civil Code from September 8th

On 8September 2016 amendment of Civil Code enters into force. First modification concerns Article 651, that extends application of declaration of will provisions to other declarations. The code does not state what kind of declarations shall these be, but from the explanatory statement of a bill results that it’s about declarations of knowledge or feelings. Some declarations of knowledge cause legal effects thus far, but after the amendment all of the declarations will.

Evaluation of the amendment might be difficult at that moment, since much depends on the jurisdiction. One thing is certain – the modification will cause a lot of confusion. How to evaluate the legal effects of proposal after the amendment? The proposal was not consider as a conclusion of a contract, since the promise was not consider as a declaration of will.

So called proper acknowledgement of a debt is thought of as declaration of knowledge that, as an exception, causes legal effects. Due to the amendment legal person, that submit that kind of declaration, will have to state them according to the rules of representation. In practical terms the difference between the proper and improper acknowledgment of debt will become less clear.

The defects of declaration of will provisions will apply in declarations of knowledge or feelings too. Under an Article 64 of the Civil Code it will be possible for the court to give a judgment, that is a substitute for the declaration of knowledge or feelings.

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