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Legal Articles

Law firm Vaić & Dvorničić Ltd. > Legal Articles (Page 3)
19 July
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Physical division of co-ownership

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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

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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

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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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19 April
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Contract on support until death (with simultaneous transfer of property)

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A contract on support until death (with simultaneous transfer of property) (hereinafter: a contract on support until death) obligates one party (the support provider) to support the other party or a third party (the support recipient) until his death, and the other party is obliged to transfer all or part of his property to the first party during his lifetime. The support provider acquires things or rights that are the subject of a contract on support until death when, based on that contract, those things or rights are transferred to him in the manner of acquisition provided for by law. A...

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17 April
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Contract on lifetime support (with transfer of property after death)

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A contract on lifetime support (with transfer of property after death) (hereinafter referred to as: contract on lifetime support) obligates one party (the support provider) to support the other party or a third party (the support recipient) until his death, and the other party declares that he gives all or part of his property, with the fact that the acquisition of things and rights is postponed until the death of the support recipient. The support provider may simultaneously have contracts on lifetime support and/or contracts on support until death with up to three recipients, and a contract concluded contrary to this...

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17 April
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Matrimonial property

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According to the Croatian Family Law, spouses can have matrimonial property and their own property. Matrimonial property is the property that the spouses have acquired through work during the duration of the marriage union or originates from this property. Therefore, the property owned by a spouse at the time of marriage is his own property. It is interesting to note that the author's work represents the own property of the spouse who created it, however, property benefits from copyright and related rights acquired during marriage represent matrimonial property, as are the winnings from games of chance. Spouses are co-owners of the matrimonial...

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25 March
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Croatian Law on Investment Promotion – Supports for justified costs and other supports

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Tax supports are not the only supports provided by the Law on Investment Promotion, but there are also the following types of supports for beneficiaries. Supports for justified costs of new jobs associated with the investment project For example, a support beneficiary who ensures the creation of new jobs related to an investment project in counties where the registered unemployment rate is more than 15% will be granted non-refundable financial support for the justified costs of creating new jobs related to the investment in the amount of up to 30% of the eligible costs for opening of a new job, in the...

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25 March
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Croatian Law on Investment Promotion – Tax support

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Pursuant to the Law on Investment Promotion, the purpose of investment promotion is to stimulate economic growth and the realization of the economic policy of the Republic of Croatia, its inclusion in international exchange flows and the strengthening of the investment and competitive ability of Croatian entrepreneurship. Beneficiaries of support are entrepreneurs (micro, small, medium, and large entrepreneurs), that is, a trading company or a natural person (craftsman) who is liable for profit tax, registered in the territory of the Republic of Croatia. Beneficiaries of investment support cannot be legal or natural persons who have been legally convicted of economic crime. Tax...

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12 March
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Contractual non-competition agreement and contractual penalty according to the Labor Law

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Non-compete agreement A contractual non-competition agreement exists when the employer and the employee agree that for a certain period after the termination of the employment contract, the employee may not be employed by another person who is in market competition with the employer, and that he may not, for his own account or for the account of a third party, enter into business with which he competes with the employer. It must be concluded in writing and cannot last longer than two years from the date of termination of the employment relationship. It does not bind the employee if the purpose of...

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12 March
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Extraordinary termination of the employment contract

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Extraordinary termination is termination without the obligation to comply with the prescribed or agreed notice period. The employer and the employee have a justified reason for the extraordinary termination of the employment contract concluded for an indefinite or fixed period, if due to a particularly serious violation of an obligation from the employment relationship or some other particularly important fact, while considering all the circumstances and interests of both contractual parties, the continuation of the employment relationship is not possible. Each party has the right to demand compensation for damages due to non-fulfilment of the obligations assumed by the employment contract...

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