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Legal Advice

Legal capacity and mental Illness

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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Recognition of foreign court decisions

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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Apostille (legalization)

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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