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Legal Articles

Law firm Vaić & Dvorničić Ltd. > Legal Articles (Page 4)
09 March
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Dissolution of an Inheritance Community

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After a probate procedure, heirs generally become co-owners of a property, which may be a piece of land, a house, or an apartment. For an individual heir to use their inheritance, rent, sell, or mortgage the property independently and without the consent of the others, they must be the owner of the entire property. The co-owners can therefore try to amicably divide the property into parcels or the house into floors or apartments, so that each co-owner's share in the property forms a complete unit. However, if the amicable division does not occur, the co-owners can initiate an uncontested procedure to dissolve...

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09 March
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Exit of a Shareholder from the LLC

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When a shareholder exits, their involvement in the company and all related rights and obligations end. Generally, the exit is associated with a valid reason for leaving, but a shareholder can also leave the company by selling their shares, provided there are no restrictions. The Croatian Companies Act (HGG) provides two types of exit from the LLC. One type is already included in the company's Articles of Association. The second type allows a shareholder to request an exit through a lawsuit if the legal conditions are met. Lawsuit for Exit from the LLC If the Articles of Association do not provide an exit option, any...

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09 March
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Apartment ownership of foreign naturalpersons in Croatia – practical issues

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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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09 March
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Bankruptcy in Croatia

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Financial instability is present in European as well as in Croatian capital market. Therefore legal persons are much more careful when entering into new business. One must always bear in mind the possibility of bankruptcy of his/her business associate. Thereat, all legal persons must be aware of certain legal consequences of bankruptcy: If the bankruptcy creditor, over the last sixty days prior to the bankruptcy petition or afterwards, by courts enforcement or by forced courts insurance, obtains a separate satisfaction right or similar right on debtors property within the bankrupt’s estate, this right ceases i.e. the ongoing procedure stops when bankruptcy...

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09 March
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Alterations in tax laws

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In February 2012, the Government of the Republic of Croatia adopted the whole package of tax law alterations that significantly change the taxpayer’s position. With the Value Added Tax (VAT) Act being changed and the current 23% tax rate increased on 25%, certain amendments to the Profit Tax Act, Income Tax Act and Contributions Act were also adopted. New, higher standard VAT tax rate of 25% entered into force on 1st March 2012 as well as a lower VAT tax rate of 10% set for edible oils and fats, children’s food, water and white sugar. From 1st January 2013 this lower...

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09 March
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Act on the time limit forperformance of a monetaryobligation

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Act on the time limit for performance of a monetary obligation entered into force on 1st January 2012, and therefore, the provision from article 174 of the Civil Obligations Act, ceased to have effect. According to this, now invalid provision that refers to commercial contracts, the debtor was liable to fulfill his monetary obligation within 30 days, unless a (shorter) time period was determined by the commercial contract. This Act now defines the time limit for performance of monetary obligations among the entrepreneurs themselves, i.e. the entrepreneurs and corporate bodies under public law, it defines legal consequences of late payments, with...

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07 March
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Acquisition by adverse possession of ownership shares

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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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07 March
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Business of non-residents throughpermanent business unit

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It is well known that some citizens hold large amounts of money in the bank accounts, while due to high inflation and low interest rates savings in the bank are currently not profitable. Namely, by holding money in the bank savers do not generate any returns, while inflation at the same time reduces the value of money saved, because with the money saved, savers can buy less and less products and services day by day, and this trend will continue in the future. To preserve the value of money, real estate investments provide good security against inflation and represent tangible,...

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07 March
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Business travel during corona measures

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Measures introduced as a result of the coronavirus epidemic (COVID-19) make it very difficult for people to move across borders, however the Croatian government has introduced some milder measures for people traveling for business reasons. Accordingly, from 28 February 2021, people traveling from countries / regions of the European Union / European Economic Area, although coming from countries that do not belong to the green list of the European Center for Disease Control and Prevention, do nothave to have a PCR test nor is a measure of self-isolation imposed on them if they travel for necessary family or business reasons. One...

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07 March
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Boundary line regulations in the republic of Croatia

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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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