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Author: Admin

Law firm Vaić & Dvorničić Ltd. > Articles posted by Admin
09 January
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Legal capacity and mental Illness

Posted by Admin
in Legal Advice

In the legal system of the Republic of Croatia, there is no direct statutory definition of legal (business) capacity. Instead, the Obligations Act defines legal capacity as a person’s ability to create legal effects through their own declaration of will, and it provides that legal capacity is acquired upon reaching the age of majority. Legal capacity therefore represents the foundation for independent participation in legal transactions. However, in the case of persons with mental illnesses or other impairments affecting their ability to reason, the question arises as to the extent to which they are able to make legally valid decisions. Deprivation...

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22 December
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Voidness of a contract

Posted by Admin
in Contract law

Voidness of a Contract Voidness of a contract refers to a situation in which a contract does not produce the legal effects that would arise if it were valid, meaning it contains such defects and violations of legal provisions that it produces no legal effect. According to the Obligations Act (Zakon o obveznim odnosima), a contract is void if it is contrary to the Constitution of the Republic of Croatia, mandatory legal provisions, or the morality of society, unless the purpose of the violated rule indicates another legal consequence or the law provides otherwise in a particular case. Any party to a contract...

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14 December
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Statute of Limitations

Posted by Admin
in Enforcement law

The statute of limitations is a legal concept that results in the loss of a creditor’s right to seek protection of their claim due to their inactivity over a period of time prescribed by law. In other words, limitation occurs when the creditor does not demand fulfilment of their claim from the debtor within the legally specified period. The Obligations Act stipulates that, once limitation occurs, the creditor loses the right to demand fulfillment of the obligation. In practical terms, when a claim becomes time-barred, the creditor can no longer initiate court proceedings—whether by filing a lawsuit or an enforcement proposal—to require...

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27 November
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Recognition of foreign court decisions

Posted by Admin
in Legal Advice

The issue of recognizing foreign court decisions is regulated by the Private International Law Act. A foreign court decision is treated as equivalent to a decision of a court of the Republic of Croatia and has legal effect in the Republic of Croatia only if it is recognized by a Croatian court. This Act applies in cases where none of the European Union regulations governing the recognition of decisions in civil, commercial, family, inheritance and matrimonial matters apply. Procedure The decision on recognition is issued by the court in non-contentious proceedings. The application must be accompanied by proof that the foreign court...

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27 November
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Apostille (legalization)

Posted by Admin
in Legal Advice

An apostille is an international certification that confirms the authenticity of public documents for use in countries that are signatories to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. The apostille certifies the authenticity of the signature, seal, and official stamp on a given document. A document issued in one contracting state can therefore be used in another contracting state without the need for special recognition. The Hague Convention thus simplified the legalisation process between the contracting parties. The Republic of Croatia has also concluded bilateral agreements with a number of other countries...

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17 November
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Sick leave and inspection control

Posted by Admin
in Administrative law, Labor law

Sick leave, or temporary work incapacity, is one of the most common employment-related issues and often a source of uncertainty for both employees and employers. The onset and duration of temporary work incapacity are determined by the selected primary healthcare physician, who assesses the period of incapacity based on the type of illness or other reason for inability to work, in accordance with the insured person’s health condition and medical indications. In other words, only the selected primary care doctor is authorised to determine the beginning and end of temporary work incapacity. The period of temporary work incapacity for which the insured...

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28 October
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EU Citizens and Health Insurance in the Republic of Croatia

Posted by Admin
in Administrative law

Citizens who receive a pension from an EU Member State are entitled to use health insurance in the Republic of Croatia – thanks to EU regulations on the coordination of social security systems. These rights are governed by two key regulations: Regulation (EC) No. 883/2004 on the coordination of social security systems Regulation (EC) No. 987/2009 (implementing regulation) According to these regulations: “A person receiving a pension or pensions under the legislation of one or more Member States who is not entitled to benefits in kind under the legislation of the Member State of residence shall nevertheless receive such benefits for themselves and their family...

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20 October
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Short-term stay of third-country nationals in the Republic of Croatia

Posted by Admin
in Administrative law

In the Republic of Croatia, the Foreigners Act is in force, which regulates the conditions for the movement of third-country nationals within the territory of the state.Third-country nationals are defined as foreigners who are not nationals of the Member States of the European Economic Area (the European Union, the Principality of Liechtenstein, the Kingdom of Norway, the Republic of Iceland) or the Swiss Confederation, and who hold the nationality of a third country or are stateless persons.Since the Republic of Croatia is part of the Schengen area, the Schengen Borders Code also applies to third-country nationals. A short-term stay refers...

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09 October
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Limitations on enforcement on real estate in Croatia

Posted by Admin
in Enforcement law

A review of the e-auctions register of real estate and movable property maintained by FINA shows that, in the Republic of Croatia, there are around 600–700 enforcement proceedings against real estate on a daily basis. A significant number of motions for enforcement against real estate are dismissed in the preliminary proceedings, as both individuals and entrepreneurs are often unaware of certain important limitations on enforcement against real estate. Special conditions for ordering enforcement against real estate (1) The court shall dismiss a motion for enforcement against real estate if the principal claim for which enforcement is sought does not exceed 5.300,00 EUR ,...

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01 October
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Grounds for initiating a bankruptcy proceeding in Croatia

Posted by Admin
in Bankruptcy law

Bankruptcy proceedings are conducted for the collective settlement of a debtor’s creditors, through the liquidation of the debtor’s assets and distribution to creditors. The main purpose of bankruptcy proceedings is therefore to ensure the settlement of creditors’ claims, after which the debtor – a legal entity – ceases to exist. Bankruptcy proceedings may be initiated if the court establishes that there are grounds for bankruptcy. The statutory grounds for bankruptcy are insolvency and ver-indebtedness. Insolvency A debtor is deemed insolvent if they are unable to continuously meet their due monetary obligations. The fact that the debtor has satisfied, or may be able to...

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