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Legal Articles

Law firm Vaić & Dvorničić Ltd. > Legal Articles (Page 5)
06 March
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Abuse of trust in economic businessoperations

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In the economic business operations, whoever breaches the duty to protect someone else’s property interests based on the law, decision of an administrative or judicial authority, legal transaction or a trust relationship, thereby obtaining for himself or another person unlawful material gain and by doing that or in some other way causes damage to one whose property interests he is responsible for, will be punished by imprisonment for six months to five years. If substantial material gain has been gained or substantial damage done, the perpetrator shall be punished by imprisonment for a period between one and ten years. Substantial material...

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06 March
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Acquiring Croatian citizenship for foreigners

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This article addresses the procedure for acquiring citizenship for personswho do not have some form of connection with the Republic of Croatia (suchas belonging to the Croatian folks). Acquisition of citizenship is regulated by the Law on Croatian Citizenship, and according to this law citizenship can be acquired in 4 ways: by origin by being born on the territory of the Republic of Croatia by naturalization under international agreements A person who is not a member of the Croatian folks, an expatriate or a descendant of the expatriate may acquire Croatian citizenship by naturalization. A foreigner who has applied for admission to Croatian citizenship by naturalization can...

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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 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

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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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13 February
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Contesting a will in Croatia: reasons, deadlines & legal matters

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Inheritance law in Croatia regulates the transfer of assets after the death of a person, either by law or by will. Anyone can designate an heir and regulate their rights in a will. Here we explain why and how wills can be contested. reasons for contesting a will: Defects in the testator's will: A will can be contested if the testator made it under duress, threat, deception, or error. The application must be made within one year of becoming aware of the grounds for contesting the will, but no later than ten years after the will was made. Lack of prescribed...

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21 November
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Mortgage as security for a claim

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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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21 November
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Voidance

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According to the provisions of the (Croatian) Law on Obligations, the existence of certain defects of will when entering into a contract causes the legal transaction to be null or void. Voidance is a legal institute which, unlike nullity, does not act under the law itself, because it is necessary to determine the existence of a cause of voidance in court proceedings and to demand the annulment of such a contract. However, the contracting parties are left with the possibility to convalesce such a contract (which is deemed voidable) by taking subsequent actions, which is not possible with annulled contracts. Legitimate...

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20 November
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Inheritance law in the republic of Croatia

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Inheritance law in the Republic of Croatia is regulated by the Inheritance Act. All natural persons are considered equal under the same assumptions in inheritance. Foreigners are, assuming reciprocity, equal in inheritance to citizens of the Republic of Croatia. Reciprocity is presumed until proven otherwise upon the request of a person with a legal interest in the matter. Inheritance occurs due to the death of a natural person and at the moment of their death. The person who acquires inheritance rights through their death is the heir. Every person is capable of inheriting unless otherwise specified by law. Whoever inherits a...

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10 November
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Liability for construction contract defects

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Building contract is actually a service contract whereby a contactor agrees to deliver building work according to the specific project within a certain deadline and a client agrees to pay a certain price in exchange. Each contract needs to include both subject and price. The subject of a building contract is a construction of certain building on the certain land or performance of other building works. Hereby houses, buildings, bridges, water- gates, tunnels, roads, sewage systems etc. are considered buildings. Common trade works where e.g., no change in the apartment structure was carried out, geological-exploration drilling or some isolation works etc....

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08 November
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Contract for support until death

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By a Contract for Support until Death, one party (the support provider) undertakes to support the other party or a third person (the support recipient) until their death, and the other party undertakes, in return, to transfer all or part of their property during their lifetime. The support provider acquires property or rights that are the subject of the Contract for Support until Death when these properties or rights are transferred in accordance with the law provided in the contract. The Contract for Support until Death is a strictly formal contract, which means that it must be concluded in writing and...

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