A smart contract is a program on a blockchain that carries out an agreed step on its own, such as releasing a payment once a condition is met. Under Section 34 of the Slovak Civil Code, though, it is not a legal act in itself. The contract arises from the parties' agreement and the code merely executes it. If code and agreement diverge, a court looks at what the contract says, not at what the program did. A project built on smart contracts therefore needs a well-drafted contract too.
We design a hybrid structure: an off-chain contract with the full legal terms and a reference to the code that performs selected steps. We add provisions on bugs in the code, external data sources (oracles) and dispute resolution. Together with the technical audit we check that the code does what the parties agreed and that it does not amount to a service requiring MiCA authorisation.
The Slovak Civil Code distinguishes oral, written and qualified form (Section 40 et seq.). Where the law requires a notarial deed or an officially certified signature, a smart contract cannot replace that form.
Under eIDAS a qualified electronic signature has the same legal effect as a handwritten one. Regulation (EU) 2024/1183 (eIDAS 2.0) introduced the European Digital Identity Wallet; in Slovakia Act No. 215/2002 Coll. also applies.
Where the code and the contract conflict, the contract decides. The code is a technical tool for performing it.
A blockchain record is strong evidence, but a court need not accept it automatically. An expert witness is often needed to explain its nature and origin.
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This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.
