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Real estate law

Law firm Vaić & Dvorničić Ltd. > Real estate law (Page 2)

Apartment ownership of foreign natural persons in Croatia – practical issues

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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Acquisition by adverse possession of ownership shares

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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Boundary line regulations in the republic of Croatia

In the Republic of Croatia boundary lines are often a subject of legal disputes. A legal dispute with neighbor/s regarding boundary lines often emerges when, for example, an investor buys a building land and starts to build. These disputes can last several years.This also happens to the natural persons when, for example, they inherit building land and start with the building.These problems could be efficiently avoided when all natural and legal persons would, prior to entering into sales contract, hire a surveyor to measure and map the land and determine the boundary lines. The surveyors’ conclusion must be signed by all the neighbors. In case all the neighbors wouldn’t sign this...

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Property relations of spouses in Croatia: regulations under family 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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Financial Affairs of Spouses in Croatia: Regulations under Family 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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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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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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Tax specifities and differences between Germany and Croatia

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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Tax treatment of real estate purchase in the Republic of Croatia as a citizen of a EU Member State

If you, as citizens of EU Member States, intend to acquire ownership of a vacation home or other real estate property in the Republic of Croatia, whether for private or business purposes, your sale and purchase transaction in the Republic of Croatia is subject to a certain tax liability. You can find out more about this below. Natural persons, as citizens of EU Member States, have the same rights to acquire real estate in the Republic of Croatia as Croatian citizens, with the exception of agricultural land and real estate considered protected property under special regulations. Such citizens are considered non-residents in...

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Means of Acquisition of Ownership in the Republic of Croatia

There are several ways of acquisition of ownership in the Republic of Croatia, namely: by legal act by judicial decision or decision of another competent authority by succession and by law. For the acquisition of ownership, the general requirements prescribed by the Act on Ownership and Other real Rights must be met – that is, the ability of the property to be the object of ownership, the ability of the acquirer to acquire the right of ownership and a valid legal basis for the acquisition.Depending on means of acquisition (movable or immovable property), also some other specific requirements need to be satisfied. Besides earlier mentioned general...

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