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Legal Articles

Law firm Vaić & Dvorničić Ltd. > Legal Articles (Page 6)
21 November
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Mortgage as security for a claim

Posted by Vaic
in Enforcement law, Real estate law

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

Posted by Vaic
in Contract law

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

Posted by admin
in Inheritance law

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

Posted by admin
in Construction law, Contract law, News

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

Posted by Vaic
in Contract law, Inheritance law

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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27 October
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A lifetime support contract

Posted by Vaic
in Contract law, Inheritance law, News

With the lifetime support contract one party (the support provider) commits to support the other party or the third party (the recipient of the support) until his death, and the other party commits to giving all of its property or a part of it - with the acquisition of the property and rights being delayed until the moment of death of the recipient. Concluding a lifetime maintenance contract A lifetime support contract must be drawn up in writing and certified by a judge of the competent court or confirmed (solemnized) by a notary public or drawn up in the form of a...

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26 October
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Temporary employment agency and posting of agency workers abroad

Posted by Vaic
in Administrative law, Commercial law, Contract law, Labor law, News

Temporary Employment Agency The operation of temporary employment agencies in the Republic of Croatia is regulated by the Labor Law. According to Article 44, paragraph 1 of the aforementioned law, a temporary employment agency is an employer who, based on a worker assignment agreement, posts a worker to another employer (the user) for the temporary performance of tasks. The posted worker is an employee whom the agency employs for posting to the user. The agency may carry out worker postings to users provided that it is registered in accordance with special regulations and entered in the records of the ministry responsible for...

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16 October
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Long-term residence and permanent residence of foreigners in Croatia

Posted by Vaic
in Administrative law

Third-country nationals who have a regulated residence in the Republic of Croatia can apply for long-term residence or permanent residence after a certain period of time. Long-term Residence Long-term residence may be granted to a third-country national who, on the day of submitting the application in the Republic of Croatia, has continuously held an approved temporary residence, asylum, or subsidiary protection for five years. It is considered that a third-country national has continuously resided in the Republic of Croatia even if they have been absent from Croatia multiple times for a total of up to ten months within a five-year period or...

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09 October
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Short-term and temporary residence of foreigners in the republic of Croatia

Posted by Vaic
in Administrative law

Third-country nationals (citizens of non-EEA countries) in the Republic of Croatia can obtain the right to short-term or temporary residence, as well as long-term and permanent residence. This text will focus on short-term and temporary residence. Short-term Residence Third-country nationals can stay in the Republic of Croatia on a short-term residence for up to 90 days within any 180-day period (90 days of stay can be used either once or multiple times). In addition to their stay in Croatia, these 90 days include stays in any Schengen Area member state. During their short-term stay, third-country nationals must have registered accommodation, and the person...

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02 October
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Changes on the side of the debtor

Posted by Vaic
in Contract law

In the context of legal relationships, changing the subject of the obligation on the part of the debtor can be done in several ways. The obligation of a debtor under a contract can be transferred to a third party – by assuming debt, accessing debt, or assuming fulfillment. Debt assignment and assumption agreement By assuming debt, the acquirer takes the place of the previous debtor, and the latter is released from his obligations. The debt is assumed by a contract between the debtor and the acquierer, if the creditor has agreed to it. So, although the parties to the debt assumption contract...

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