The SARS-CoV-2 epidemic (COVID-19) poses a particular challenge to many disciplines and requires the State to take action at various levels of engagement. One example of this is a credit agreement. To mitigate the effects of the epidemic on the solvency of borrowers, the Slovenian legislator adopted the Intervention Measure Act on Deferred Payments of Borrowers’ Obligations. The essential measure is the deferral of payment as stipulated, meaning the suspension of the maturity date of all obligations under the credit agreement until the end of the deferral period for 12 months. During this period, the interest shall be charged on the deferred part of the principal at the regular interest rate. The borrower may apply for the deferral of payment if the epidemic affects his/her ability to repay the loan. The bank must offer the borrower the conclusion of an annex to the credit contract if he/she fulfils all conditions for the application. In the deferral period, the borrower is bound by a special reporting obligation concerning his/her solvency and ability to make a repayment.

INTRODUCTION

The SARS-CoV-2 epidemic (COVID-19) poses a particular challenge to many disciplines and requires the State to take action at various levels of engagement. Contract law is probably not the only area where measures would be necessary or even vital. However, the epidemic and, above all, the enforcement of related measures is a cause that significantly affects the content of contractual obligations. Therefore, States adopt various regulations to resolve the situations that have arisen and enact special rules introducing specific interim solutions that interfere with existing contractual relationships. Of course, no universal approach exists for such actions, and each State should take into account the specific features and circumstances and, above all, consider whom and in what way to help in these unpredictable situations. Therefore, legislative solutions that interfere with contract law cannot be easily copied but must be viewed comprehensively and in conjunction with measures taken in other areas that may take into account interests that contract law solutions ignore or regulate in favour of counterparties.