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Legal Articles

Law firm Vaić & Dvorničić Ltd. > Legal Articles (Page 3)
18 December
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Creditors with the right of separation in bankruptcy proceedings

Posted by ja4my
in Bankruptcy law

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press....

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21 November
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Blank debenture as a means of securing a claim

Posted by admin
in Commercial law, Contract law, Enforcement law

Blank debentures are one of the instruments for securing monetary claims within the legal system of the Republic of Croatia. A blank debenture is a private document issued by the debtor and certified by a notary public, through which the debtor grants permission to the creditor to collect the owed amount in the event of a failure to fulfill obligations arising from the contractual relationship secured by the debenture. Blank debenture – specifics A blank debenture is a private document certified by a notary public through which the debtor consents to the seizure of all their bank accounts for the purpose of...

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14 November
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Termination due to employee misconduct

Posted by admin
in Labor law

Termination due to employee misconduct is a type of regular termination as prescribed in Article 115 of the Labor Act. It can be issued to an employee if the employer has a valid reason, such as when the employee violates their obligations under the employment relationship, or when the employee fails to follow the employer's instructions, as the employee is obligated to personally perform the work they have undertaken according to the employer's instructions, given in accordance with the nature and type of work. The Labor Act does not explicitly define what constitutes a breach of obligations under the employment relationship...

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14 November
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Personal-conditioned termination

Posted by admin
in Labor law

Personal-conditioned termination is a type of regular terminaton which is regulated under Article 155 of the Labor Act. It allows the employer to protect themselves from the negative consequences of the employment contract when an employee, through no fault of their own, is unable to perform their job duties properly. This type of termination is applicable when an employee is incapable of fulfilling their duties due to permanent changes in their abilities or characteristics that prevent them from doing so. For a decision of personal-conditioned termination to be valid, two key conditions must be met: first, the employee must be unable...

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09 October
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BUSINESS-RELATED TERMINATION

Posted by Admin
in Labor law

An employment relationship established through an employment contract can only be terminated in a manner prescribed by law. The termination of an employment contract can be either regular or extraordinary. The legislator, considering the interests of both the employer and the employee, has provided for the possibility of the employer terminating the employment contract due to economic, technical, or organizational reasons, which is known as a business-related termination. This type of termination is a form of regular dismissal and is regulated by Article 155, Paragraph 1, Point 1 of the Labor Act. As stipulated by the law, this type of termination...

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10 September
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Stay and work of third-country nationals in the Republic of Croatia

Posted by ja4my
in Administrative law, Labor law

We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s business. Whether in aviation, sales and distribution, antitrust, corporate and M&A, finance, employment, energy, IP, litigation, TMT, real estate, or any other area of law, our clients can expect excellence and commitment to their objectives. Ensuring the operational functioning of the organisation, the development of external relations, management of press relations and constant communication with the press....

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25 July
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Civil division of co-ownership

Posted by admin
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

Posted by admin
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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23 April
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Inheritance right – a necessary share

Posted by admin
in Inheritance law

According to the Croatian Law on Inheritance, the right to a necessary share is an inheritance right, and the share that belongs to an individual necessary heir is called a necessary share. The necessary share of the descendants, adopted children and their descendants, and the spouse is one half, and the necessary share of the other necessary heirs is one third of the share that would belong to each of them according to the legal order of inheritance. In every way, the necessary heir has the right to receive the value of his necessary share when the calculation value of the estate...

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