21 November

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Blank debenture as a means of securing a claim

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Blank debentures are one of the instruments for securing monetary claims within the legal system of the Republic of Croatia. A blank debenture is a private document issued by the debtor and certified by a notary public, through which the debtor grants permission to the creditor to collect the owed amount in the event of a failure to fulfill obligations arising from the contractual relationship secured by the debenture. Blank debenture – specifics A blank debenture is a private document certified by a notary public through which the debtor consents to the seizure of all their bank accounts for the purpose of...

14 November

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Termination due to employee misconduct

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Termination due to employee misconduct is a type of regular termination as prescribed in Article 115 of the Labor Act. It can be issued to an employee if the employer has a valid reason, such as when the employee violates their obligations under the employment relationship, or when the employee fails to follow the employer's instructions, as the employee is obligated to personally perform the work they have undertaken according to the employer's instructions, given in accordance with the nature and type of work. The Labor Act does not explicitly define what constitutes a breach of obligations under the employment relationship...

14 November

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Personal-conditioned termination

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Personal-conditioned termination is a type of regular terminaton which is regulated under Article 155 of the Labor Act. It allows the employer to protect themselves from the negative consequences of the employment contract when an employee, through no fault of their own, is unable to perform their job duties properly. This type of termination is applicable when an employee is incapable of fulfilling their duties due to permanent changes in their abilities or characteristics that prevent them from doing so. For a decision of personal-conditioned termination to be valid, two key conditions must be met: first, the employee must be unable...

09 October

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Business-related termination

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An employment relationship established through an employment contract can only be terminated in a manner prescribed by law. The termination of an employment contract can be either regular or extraordinary. The legislator, considering the interests of both the employer and the employee, has provided for the possibility of the employer terminating the employment contract due to economic, technical, or organizational reasons, which is known as a business-related termination. This type of termination is a form of regular dismissal and is regulated by Article 155, Paragraph 1, Point 1 of the Labor Act. As stipulated by the law, this type of termination...

25 July

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Civil division of co-ownership

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Civil division represents one of the judicial methods of terminating co-ownership, which is applicable when physical or geometric division of co-ownership is not possible or permitted, or when it could not be carried out without significantly reducing the value of the property. It should be noted that the prohibition of the termination of co-ownership applies only to physical division, but not to civil division, unless it is explicitlyexcluded by law. If the subject of the dissolution is real estate, it will be sold at a publicauction according to the provisions of the Enforcement Act, which we will discuss in more...

19 July

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Physical division of co-ownership

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Each co-owner has the right to terminate co-ownership, if possible and permitted, and this right does not expire. Co-ownership can be terminated through an agreement (voluntary termination) or through the court (judicial termination). This is a non-litigation proceeding, and in the event of a dispute regarding the subject of the division, the scope of the joint property, the rights of individual co-owners or the size of their shares, the court will direct the party to a civil procedure. We will further elaborate two ways of co-ownership dissolution – physical partition and the establishment of condominium ownership. Physical division The court is not bound...

10 July

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Enforcement – Real estate

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Real estate enforcement is a procedure in which a creditor requests the competent court to estimate and sell the debtor's real estate to satisfy their claims. According to the provisions of the Enforcement Act, which regulates the enforcement procedure in the Republic of Croatia, the subject of enforcement can only be real estate, determined by the rules governing ownership,other property law and land registry. If co-ownership (an ideal co-ownership part of the real estate) has beenestablished regarding the real estate, that part can independently be the subject of enforcement. The court determines the value of the real estate based of expert...

23 April

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Inheritance right – a necessary share

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According to the Croatian Law on Inheritance, the right to a necessary share is an inheritance right, and the share that belongs to an individual necessary heir is called a necessary share. The necessary share of the descendants, adopted children and their descendants, and the spouse is one half, and the necessary share of the other necessary heirs is one third of the share that would belong to each of them according to the legal order of inheritance. In every way, the necessary heir has the right to receive the value of his necessary share when the calculation value of the estate...

19 April

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Contract on support until death (with simultaneous transfer of property)

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A contract on support until death (with simultaneous transfer of property) (hereinafter: a contract on support until death) obligates one party (the support provider) to support the other party or a third party (the support recipient) until his death, and the other party is obliged to transfer all or part of his property to the first party during his lifetime. The support provider acquires things or rights that are the subject of a contract on support until death when, based on that contract, those things or rights are transferred to him in the manner of acquisition provided for by law. A...

17 April

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Contract on lifetime support (with transfer of property after death)

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A contract on lifetime support (with transfer of property after death) (hereinafter referred to as: contract on lifetime support) obligates one party (the support provider) to support the other party or a third party (the support recipient) until his death, and the other party declares that he gives all or part of his property, with the fact that the acquisition of things and rights is postponed until the death of the support recipient. The support provider may simultaneously have contracts on lifetime support and/or contracts on support until death with up to three recipients, and a contract concluded contrary to this...

Blank debenture as a means of securing a claim

Termination due to employee misconduct

Personal-conditioned termination

Business-related termination

Civil division of co-ownership

Physical division of co-ownership

Enforcement – Real estate

Inheritance right – a necessary share

Contract on support until death (with simultaneous transfer of property)

Contract on lifetime support (with transfer of property after death)

Law Office Rijeka

Law Office Krk

Author: admin

Law Office Rijeka

Law Office Krk