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Author: Vaic

Vaic Law Office > Articles posted by Vaic

Acquiring Croatian citizenship for foreigners

This article addresses the procedure for acquiring citizenship for personswho do not have some form of connection with the Republic of Croatia (suchas belonging to the Croatian folks). Acquisition of citizenship is regulated by the Law on Croatian Citizenship, and according to this law citizenship can be acquired in 4 ways: by origin by being born on the territory of the Republic of Croatia by naturalization under international agreements A person who is not a member of the Croatian folks, an expatriate or a descendant of the expatriate may acquire Croatian citizenship by naturalization. A foreigner who has applied for admission to Croatian citizenship by naturalization can...

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Mortgage as security for a claim

A loan often enables larger investments such as buying a house or an apartment. Such loans are almost always secured by a mortgage on real estate. The mortgage also serves as security for another claim against the debtor. Croatian law recognizes only a mortgage on real estate as a lien right. The mortgage can be registered voluntarily, judicially, or as a lien right. Creation and registration of a mortgage The mortgage is established by entry in the land register. The establishment of a mortgage does not transfer ownership, and the creditor does not have the right to use the real estate burdened by...

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Voidance

According to the provisions of the (Croatian) Law on Obligations, the existence of certain defects of will when entering into a contract causes the legal transaction to be null or void. Voidance is a legal institute which, unlike nullity, does not act under the law itself, because it is necessary to determine the existence of a cause of voidance in court proceedings and to demand the annulment of such a contract. However, the contracting parties are left with the possibility to convalesce such a contract (which is deemed voidable) by taking subsequent actions, which is not possible with annulled contracts. Legitimate...

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Contract for support until death

By a Contract for Support until Death, one party (the support provider) undertakes to support the other party or a third person (the support recipient) until their death, and the other party undertakes, in return, to transfer all or part of their property during their lifetime. The support provider acquires property or rights that are the subject of the Contract for Support until Death when these properties or rights are transferred in accordance with the law provided in the contract. The Contract for Support until Death is a strictly formal contract, which means that it must be concluded in writing and...

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A lifetime support contract

With the lifetime support contract one party (the support provider) commits to support the other party or the third party (the recipient of the support) until his death, and the other party commits to giving all of its property or a part of it - with the acquisition of the property and rights being delayed until the moment of death of the recipient. Concluding a lifetime maintenance contract A lifetime support contract must be drawn up in writing and certified by a judge of the competent court or confirmed (solemnized) by a notary public or drawn up in the form of a...

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Temporary employment agency and posting of agency workers abroad

Temporary Employment Agency The operation of temporary employment agencies in the Republic of Croatia is regulated by the Labor Law. According to Article 44, paragraph 1 of the aforementioned law, a temporary employment agency is an employer who, based on a worker assignment agreement, posts a worker to another employer (the user) for the temporary performance of tasks. The posted worker is an employee whom the agency employs for posting to the user. The agency may carry out worker postings to users provided that it is registered in accordance with special regulations and entered in the records of the ministry responsible for...

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Long-term residence and permanent residence of foreigners in Croatia

Third-country nationals who have a regulated residence in the Republic of Croatia can apply for long-term residence or permanent residence after a certain period of time. Long-term Residence Long-term residence may be granted to a third-country national who, on the day of submitting the application in the Republic of Croatia, has continuously held an approved temporary residence, asylum, or subsidiary protection for five years. It is considered that a third-country national has continuously resided in the Republic of Croatia even if they have been absent from Croatia multiple times for a total of up to ten months within a five-year period or...

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Short-term and temporary residence of foreigners in the republic of Croatia

Third-country nationals (citizens of non-EEA countries) in the Republic of Croatia can obtain the right to short-term or temporary residence, as well as long-term and permanent residence. This text will focus on short-term and temporary residence. Short-term Residence Third-country nationals can stay in the Republic of Croatia on a short-term residence for up to 90 days within any 180-day period (90 days of stay can be used either once or multiple times). In addition to their stay in Croatia, these 90 days include stays in any Schengen Area member state. During their short-term stay, third-country nationals must have registered accommodation, and the person...

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Changes on the side of the debtor

In the context of legal relationships, changing the subject of the obligation on the part of the debtor can be done in several ways. The obligation of a debtor under a contract can be transferred to a third party – by assuming debt, accessing debt, or assuming fulfillment. Debt assignment and assumption agreement By assuming debt, the acquirer takes the place of the previous debtor, and the latter is released from his obligations. The debt is assumed by a contract between the debtor and the acquierer, if the creditor has agreed to it. So, although the parties to the debt assumption contract...

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Purchase of real estate in the republic of Croatia for foreigners

Foreign nationals, i.e. foreign natural and legal persons, may acquire property on the territory of the Republic of Croatia. To be able to do so, certain legal requirements must be met. The difference between EU and non-EU citizens Citizens of EU member states can easily purchase real estate in the Republic of Croatia. Since Croatia’s accession to the European Union, citizens of the member states have been treated in the same way as Croatian citizens with regard to the purchase of building land and all related matters (homes, apartments, etc.). As far as agricultural land is concerned, citizens of the member states...

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