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Legal Articles

Law firm Vaić & Dvorničić Ltd. > Legal Articles (Page 5)

Business of non-residents through permanent business unit

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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Business travel during corona measures

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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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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Abuse of trust in economic business operations

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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Acquiring Croatian citizenship for foreigners

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

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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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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Voidance

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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