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Author: Admin

Law firm Vaić & Dvorničić Ltd. > Articles posted by Admin

Child adoption in the Republic of Croatia

Posvojenje je zakonom uređen postupak kojim se uspostavlja roditeljski odnos između posvojitelja i djeteta. Uključuje provjeru podobnosti posvojitelja, procjene nadležnih institucija te odobrenje suda. Postupak se provodi u skladu sa Obiteljskim zakonom i drugim relevantnim propisima. Obiteljski zakon definira posvojenje kao poseban oblik obiteljsko-pravnog zbrinjavanja i zaštite djeteta bez odgovarajuće roditeljske skrbi kojim se stvara trajni odnos roditelja i djeteta. U daljnjim odredbama propisano je da  posvojitelji posvojenjem stječu pravo na roditeljsku skrb te s ono može zasnovati samo ako je u skladu s dobrobiti djeteta. Tijekom postupku posvojenja posebice se pazi na dobrobit i interes djeteta u odnosu na osobine posvojitelja...

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Labour Act – Severance pay and Fixed-term employment contract

The Labour Act regulates key aspects of employment relationships, including the possibility of severance pay and the rules governing fixed-term employment contracts. Employers and employees must be mindful of the legal limitations and obligations arising from these provisions. Right to severance pay Severance pay is a legally prescribed monetary amount that an employer pays to an employee to mitigate the consequences of employment termination, provided the employee has worked for the employer for at least two continuous years.The right to severance pay applies to employees whose employment contract is terminated regularly, under the above-mentioned condition. Conversely, employees are not entitled to severance pay...

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Termination of marriage

Under the provisions of the Family Act, regardless of the form in which it was concluded, a marriage ends by the death of a spouse, by declaring a missing spouse deceased, by annulment, or by divorce. A marriage ends by annulment or divorce when the court’s decision on the annulment or divorce becomes final. However, the termination of marriage does not affect the obligations of spouses arising from the regulations of the religious community before which the marriage was concluded. If a missing spouse is declared deceased, the marriage ends on the date established as the date of death by a final...

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Child support

In accordance with the Family Act, caring for a minor child is primarily the duty of the parents, and a parent who is able to work cannot be released from this obligation. If a parent fails to provide support, responsibility passes to the grandparents, and in certain circumstances to a stepmother or stepfather – in cases where the child cannot obtain support from the other parent, especially if they lived together with the child at the time of the parent’s death. There is also an obligation to support an adult child who is attending secondary school, a university or vocational study...

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Anticipated Order

An anticipated order is a notarial document by which a person designates another individual in advance to make decisions, take actions, and represent their interests in the event of circumstances prescribed by law. Additionally, through such an order, the person may express their will in advance and make decisions regarding certain life or health-related matters that can reasonably be foreseen in the future. By introducing anticipated orders into Croatian legislation, the legislator has further affirmed the application of the principle of individual autonomy, as it allows a person, while still legally competent, to decide in advance—through a declaration made in a...

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Exclusion of a member from a Limited Liability Company (LLC)

The Companies Act prescribes the ways in which membership in a limited liability company (d.o.o., LLC) can be terminated. According to the law, membership may cease in the following ways: 1. Death of a natural person member 2. Dissolution of a legal entity member 3. Transfer or sale of a business share 4. Withdrawal (redemption of the business share – e.g., exclusion due to non-payment of share contribution – forfeiture) 5. Exclusion of a member for other reasons 6. Voluntary withdrawal of a member from the company 7. Dissolution of the company. A member of a limited liability company may be excluded if there is an important reason,...

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Withdrawal of a member from a Limited liability company (LLC)

According to the Croatian Companies Act, membership in an LLC terminates in the following ways: 1. upon the death of a natural person member, 2. upon the dissolution of a legal entity member, 3. by transfer or assignment of the ownership interest, 4. by redemption (amortization of the ownership interest) or expulsion due to non-payment of the contribution (forfeiture), 5. by expulsion of a member for other reasons, 6. by voluntary withdrawal of a member, 7. upon the dissolution of the company. One of the possible ways for membership in an LLC to cease is through the voluntary withdrawal of a member. A member may withdraw...

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Liability for material defects

According to the Croatian Obligations Act, a defect exists if the purchased item does not conform to the agreed description, type, quantity or quality, lacks the expected functionality, compatibility or other features, or is not suitable for the particular purpose the buyer informed the seller about. A defect is also deemed to exist if the item was not delivered with the agreed accessories, instructions or updates. Likewise, a defect exists if the item is not fit for ordinary use, does not match a sample or model shown by the seller, or lacks qualities the buyer could reasonably expect. The seller is not...

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Liability for legal defects in contracts

In addition to material defects under a contract of sale, the seller is also liable for legal defects. Legal defects are governed by Article 430 of the Civil Obligations Act and arise when a third party holds a right over the subject of the contract that excludes, reduces, or limits the buyer's right—provided that the buyer was not informed of this right and did not agree to accept the item encumbered by it. The seller guarantees that the right being transferred exists and that there are no legal obstacles to its fulfillment. 1) The transaction is made for consideration; 2) The defect existed...

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The right to exemption from the payment of the base contributions to salary

As of January 1, 2025, the new Contributions Act entered into force, resulting in changes to the tax relief for "first employment." Previous measures Under the former legislation, two types of base contribution exemption measures were provided for employees: The first applied to workers who, at the time of entering into employment, had no registered length of service in the pension insurance system. In such cases, the employer was exempt from paying contributions for a period of one year. The second measure related to the employment of young persons, specifically workers who were employed permanently (indefinite contract) for the first time and had not...

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