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Vaic Law Office > Articles posted by admin (Page 2)

Matrimonial property

According to the Croatian Family Law, spouses can have matrimonial property and their own property. Matrimonial property is the property that the spouses have acquired through work during the duration of the marriage union or originates from this property. Therefore, the property owned by a spouse at the time of marriage is his own property. It is interesting to note that the author's work represents the own property of the spouse who created it, however, property benefits from copyright and related rights acquired during marriage represent matrimonial property, as are the winnings from games of chance. Spouses are co-owners of the matrimonial...

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Croatian Law on Investment Promotion – Supports for justified costs and other supports

Tax supports are not the only supports provided by the Law on Investment Promotion, but there are also the following types of supports for beneficiaries. Supports for justified costs of new jobs associated with the investment project For example, a support beneficiary who ensures the creation of new jobs related to an investment project in counties where the registered unemployment rate is more than 15% will be granted non-refundable financial support for the justified costs of creating new jobs related to the investment in the amount of up to 30% of the eligible costs for opening of a new job, in the...

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Croatian Law on Investment Promotion – Tax support

Pursuant to the Law on Investment Promotion, the purpose of investment promotion is to stimulate economic growth and the realization of the economic policy of the Republic of Croatia, its inclusion in international exchange flows and the strengthening of the investment and competitive ability of Croatian entrepreneurship. Beneficiaries of support are entrepreneurs (micro, small, medium, and large entrepreneurs), that is, a trading company or a natural person (craftsman) who is liable for profit tax, registered in the territory of the Republic of Croatia. Beneficiaries of investment support cannot be legal or natural persons who have been legally convicted of economic crime. Tax...

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Contractual non-competition agreement and contractual penalty according to the Labor Law

Non-compete agreement A contractual non-competition agreement exists when the employer and the employee agree that for a certain period after the termination of the employment contract, the employee may not be employed by another person who is in market competition with the employer, and that he may not, for his own account or for the account of a third party, enter into business with which he competes with the employer. It must be concluded in writing and cannot last longer than two years from the date of termination of the employment relationship. It does not bind the employee if the purpose of...

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Extraordinary termination of the employment contract

Extraordinary termination is termination without the obligation to comply with the prescribed or agreed notice period. The employer and the employee have a justified reason for the extraordinary termination of the employment contract concluded for an indefinite or fixed period, if due to a particularly serious violation of an obligation from the employment relationship or some other particularly important fact, while considering all the circumstances and interests of both contractual parties, the continuation of the employment relationship is not possible. Each party has the right to demand compensation for damages due to non-fulfilment of the obligations assumed by the employment contract...

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Apartment ownership of foreign naturalpersons in Croatia – practical issues

According to the positive regulations, foreign natural persons who are the apartment owners in Croatia still cannot categorise their apartments, neither rent them and pay tax for it. Therefore, foreign natural persons often use their apartments to host either their real friends or fictive friends, and that way illegally earn their weekly rent in cash. At the same time, one should bear in mind that a house owner can host his friends in apartment under condition of registering them with the tourist board or the police within 24 hours after the arrival and signing of within 24 hours after the departure as...

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Bankruptcy in Croatia

Financial instability is present in European as well as in Croatian capital market. Therefore legal persons are much more careful when entering into new business. One must always bear in mind the possibility of bankruptcy of his/her business associate. Thereat, all legal persons must be aware of certain legal consequences of bankruptcy: If the bankruptcy creditor, over the last sixty days prior to the bankruptcy petition or afterwards, by courts enforcement or by forced courts insurance, obtains a separate satisfaction right or similar right on debtors property within the bankrupt’s estate, this right ceases i.e. the ongoing procedure stops when bankruptcy...

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Alterations in tax laws

In February 2012, the Government of the Republic of Croatia adopted the whole package of tax law alterations that significantly change the taxpayer’s position. With the Value Added Tax (VAT) Act being changed and the current 23% tax rate increased on 25%, certain amendments to the Profit Tax Act, Income Tax Act and Contributions Act were also adopted. New, higher standard VAT tax rate of 25% entered into force on 1st March 2012 as well as a lower VAT tax rate of 10% set for edible oils and fats, children’s food, water and white sugar. From 1st January 2013 this lower...

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Act on the time limit forperformance of a monetaryobligation

Act on the time limit for performance of a monetary obligation entered into force on 1st January 2012, and therefore, the provision from article 174 of the Civil Obligations Act, ceased to have effect. According to this, now invalid provision that refers to commercial contracts, the debtor was liable to fulfill his monetary obligation within 30 days, unless a (shorter) time period was determined by the commercial contract. This Act now defines the time limit for performance of monetary obligations among the entrepreneurs themselves, i.e. the entrepreneurs and corporate bodies under public law, it defines legal consequences of late payments, with...

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Acquisition by adverse possession of ownership shares

As one of the ways of acquiring the ownership of real estate under the law is the acquisition by adverse possession. It is an institute based on exclusive possession for a statutory period, where the title to real property is acquired by the disseisor who holds the property lawfully, truly and in good faith for ten years continuously or only in good faith, when the law requires twenty years of continuous possession. Regarding the possession of real property owned by the Republic of Croatia, county and local governments and legal persons with equivalent rights, as well as the goods owned by...

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