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Property law

Law firm Vaić & Dvorničić Ltd. > Property law
23 February
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Croatia and OECD membership: new property ownership regime

Posted by Admin
in Property law, Real estate law

The Republic of Croatia is in the final phase of joining the Organisation for Economic Co-operation and Development (OECD), an international organization aimed at promoting economic development and global trade. Becoming a member of the OECD brings a series of reforms in various areas, including legislation related to property ownership. A key focus is on the rights of citizens from other OECD member states regarding property purchases in Croatia. Liberalization of the real estate market for OECD Citizens JOne of the key requirements for OECD membership is the further liberalization of the economic and legal system, including easier access to the real...

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06 February
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Real Estate Valuation

Posted by Admin
in Construction law, Property law, Real estate law

The valuation of real estate in the Republic of Croatia is regulated by the Real Estate Valuation Act, which was enacted on July 3, 2015, and has been in force since July 25, 2015. The valuation of real estate must be conducted with the diligence of a competent expert, taking into account all available evidence to ensure that the result is sustainable upon verification. Real estate valuation is used in property transactions, determining the value of collateral objects, property insurance, dissolution of co-ownership communities, investment and property value enhancement matters, encumbrance and depreciation issues, land development procedures, urban land consolidation, expropriation, and...

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25 July
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Civil division of co-ownership

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in Property law, Real estate law

Civil division represents one of the judicial methods of terminating co-ownership, which is applicable when physical or geometric division of co-ownership is not possible or permitted, or when it could not be carried out without significantly reducing the value of the property. It should be noted that the prohibition of the termination of co-ownership applies only to physical division, but not to civil division, unless it is explicitlyexcluded by law. If the subject of the dissolution is real estate, it will be sold at a publicauction according to the provisions of the Enforcement Act, which we will discuss in more...

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19 July
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Physical division of co-ownership

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in Property law, Real estate law

Each co-owner has the right to terminate co-ownership, if possible and permitted, and this right does not expire. Co-ownership can be terminated through an agreement (voluntary termination) or through the court (judicial termination). This is a non-litigation proceeding, and in the event of a dispute regarding the subject of the division, the scope of the joint property, the rights of individual co-owners or the size of their shares, the court will direct the party to a civil procedure. We will further elaborate two ways of co-ownership dissolution – physical partition and the establishment of condominium ownership. Physical division The court is not bound...

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10 July
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Enforcement – Real estate

Posted by admin
in Enforcement law, Property law, Real estate law

Real estate enforcement is a procedure in which a creditor requests the competent court to estimate and sell the debtor's real estate to satisfy their claims. According to the provisions of the Enforcement Act, which regulates the enforcement procedure in the Republic of Croatia, the subject of enforcement can only be real estate, determined by the rules governing ownership,other property law and land registry. If co-ownership (an ideal co-ownership part of the real estate) has beenestablished regarding the real estate, that part can independently be the subject of enforcement. The court determines the value of the real estate based of expert...

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09 March
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Apartment ownership of foreign natural persons in Croatia – practical issues

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in Property law, Real estate law

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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07 March
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Acquisition by adverse possession of ownership shares

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in Property law, Real estate law

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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14 February
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Property relations of spouses in Croatia: regulations under family law

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in Family law, Property law, Real estate law

In the Republic of Croatia, family law regulates the property relations of spouses. Here isan overview of marital and personal property and the significance of marriage contracts: marital property: Marital property includes property acquired through work during the marriage as well as property derived from it. Spouses are co-owners in equal shares, unless they have agreed otherwise. Gambling winnings and property benefits from copyrights and related rights also fall under marital property. separate property: A spouse's own assets consist of property owned before the marriage or acquired during the marriage, but not through work, gambling, or pecuniary benefits from copyright. Inherited assets...

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14 February
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Financial Affairs of Spouses in Croatia: Regulations under Family Law

Posted by ja4my
in Family law, Property law, Real estate law

In the Republic of Croatia, family law governs the financial affairs of spouses. Here is an overview of marital and personal property, as well as the significance of prenuptial agreements: Marital Property:Marital property includes assets acquired through work during the marriage, as well as wealth derived from them. Spouses are co-owners in equal shares, unless agreed otherwise. Gambling winnings and financial benefits from copyrights and related rights also fall under marital property. Personal Property:A spouse's personal property consists of assets owned before the marriage or acquired during the marriage but not through work, gambling, or financial benefits from copyrights. Inherited assets or...

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29 June
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Tax specifities and differences between Germany and Croatia

Posted by Vaic
in Inheritance law, Property law, Real estate law, Tax law

This article lists the tax specifics, i.e. the differences between the Federal Republic of Germany and the Republic of Croatia in terms of real estate levies, inheritance taxes and tax liabilities depending on the taxpayer’s residence. The differences in the tax arrangements of these two countries are not negligible, thus we present some of them. Real estate levies In the Republic of Croatia, property owners do not pay the annual real estate tax, unless it is a holiday home, but a fee is paid in the form of a utility fee, which must be determined by a decision on the utility fee....

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