The institute of attorney representing has been considerably amended by means of the Amendment Act of the Code of Civil Procedure to have become effective at the end of the year of 2003. With that respect, it has been determined that a party can be represented only by a barrister as an attorney at law unless otherwise prescribed. A party can be represented also by a person employed with him/her if such a person has business capacity. Further on, the attorney can be also a blood and lineal relative; brother, sister or a spouse if he/she has a full business capacity and if he/she is not a pettifogger, i.e. unless he/she is engaged with rendering unauthorized rendering legal aid. The Code of Civil Procedure defines in general that the parties can undertake actions in the procedure also through attorney, but the court can call a party who has attorney to make statement before the court on the facts which should be established in the civil suit.
The paper elaborates the role of the court registry and with the respect it presents the basics of its organization. Especially elaborated is the function of the court registry to inform third parties on data on the subjects of the entry significant for legal transactions and control function. The paper emphasizes the significance of the first function for legal security. Legal security was the motive to organize the first commercial registry in the middle ages in the first place. The paper points out that the second function of the court registry serves to respect the due process in law in the internal life of the subject of entry. The paper elaborates certain issues connected to the realization of the principle of publicity of the court registry as public records. It states that it is important that only persons regulated by law and the data concerning such persons specifically regulated by law may be entered into the court registry. This process entirely excluded autonomy of legal subjects. The paper emphasized that it is necessary to keep the court registry easy to examine and not overfilled with numerous data which would make difficult the realization of its function to inform the third parties on subjects of entry. Besides, standardized data provide easy reference also because the third parties know in advance what they may find out form the entries in the court register.
Since the end of 2003, we have the Reconciliation Act which, for the first time in us, systematically regulates reconciliation in civil-law actions including also the disputes from the domain of labour, commercial and other propertylaw relations in the matters which can be freely disposed of by the parties. By the middle of 2002, the Reconciliation Centre of the Croatian Chamber of Commerce was founded which renders the services of mediation, reconciliation and other alternative methods of dispute settlements in which one or several conciliators in an independent and impartial way, without authorisation to define obliging decision, help parties to achieve settlements on issues in dispute. Reconciliation procedure can be requested by domestic and foreign natural and legal persons, in all the disputes and rights which can be freely disposed by them. The reconciliation procedure in itself consists of three successive levels; invitation to conciliation, the conciliation of the nature of dispute and the conclusion of reconciliation.
Interest can be defined as a price of the use of someone’s money, or compensation for the use of someone else’s assets. According to the method of its establishing, interest can be agreed and law prescribed. With coming into force of the new Code of Obligations Act, the provisions on default interest on pecuniary liabilities in foreign currency as well as on a currency clause protected pecuniary liabilities, have been subject to essential amendments. Namely, the provisions of that Act which refer to the institute of interest became effective with other provisions of that Law, i.e. on 1 January of this year, but a part of the provisions referring to the agreed and law prescribed interest rates, and their mutual relation starts being applied after the expiry of two years from the date of effectiveness of the new Code of Obligations Act.
BILL OF EXCHANGE WITH PAYMENT TRANSACTIONS Bill of exchange is in its nature primarily a credit instrument and as such, it is issued in order to secure payments in the first place, and then, in order to implement them. But it is, in itself, no especial security. It only somewhat facilitates and accelerates judicial realization of receivables, if it comes to that. Bill of exchange law relations have been primarily and classically regulated by means of the Bill of Exchange Act, and that circumstance does not exclude the possibility (legal permissibility) for some other regulation, especially law, additionally regulates some aspects of those relations, and the method of implementation, of the realization of a bill of exchange receivable. Such additional regulation has been implemented by means of the Inland Payments Act. Croatian National Bank however exceeded its powers by one of its decisions with respect to filing a bill into the inquest register when at the moment there are no funds at the account of the debtor, as it gave priority to the Inland Payment Transactions Act in relation to the Bill of Exchange Act.
In Germany, capital transfer tax rate amounts to 3.5 %, but financial administration can in agreement with a taxpayer waive a law prescribed tax assessment, and assess the tax in as a lump sum, all that subject to having a simplified procedure of taxation, and the tax level will not be changed considerably with it. The object of taxation by means of that tax is the sales of real property. This tax offers the base for acquiring real property. Property is transferred only with the entry in the land books, what is possible after the payment of assessed capital transfer tax and issuing tax clearance certificate. In principle, no possibility to delay tax payment is foreseen, but there are exceptions when it is possible to postpone it, e.g. if after a contract conclusion some material difficulties appear which could have not been foreseen and which are of a transient nature. When deferred tax payment is approved, a taxpaye
Autori: Doc. dr. sc. Nikola MIJATOVIĆ Ivan PLANINIĆ
This article analyzes the provisions of the Law on Ownership and Other Property Rights which regulate property rights of foreign persons with special emphasis on requirements for acquisition of the ownership of real estates. The paper also presents the provision on the acquisition of real estates according certain international treaties (Stabilization and Accession Agreement, Agreement on Succession Issues, agreements on property issues with Slovenia, Macedonia, and Bosnia and Herzegovina) as well as relations with Serbia and Monte Negro.
As a joint-owner community is often formed aganist the will of its parties, the Law on Property and other Real Proprietary Rights regulates the procedure of dissolution of such a community, which produceds double legal effect for each and every participant of that procedure. That effect causes his/her joint ownership part to terminate at one side, and through that also his/her right of ownership on ideal part, and at the other side, he/she becomes the only owner of the property rights on the objects or their part to have been the subject of the joint ownership. But, with voluntary dissolution of the joint ownership, the agreement in itself or a court decsion with judicial dissolution of the joint ownership, no legal effects of joint ownership dissolution emerge. They represent a legal basis for dissolution, and legal effects emerge only with proceeding according to those decisions. With the movable property, it is therefore the transfer to a direct possession of a thing and with real property, the entry into land books.
International Convention on Civil Liability for Bunker Oil Pollution Damage, London, 2001, (the Bunker Convention), which was ratified by the Republic of Croatia by a decision of Croatian Parliament on 29 September 2006, is inclined to supplement the contents of the International Convention on Civil Liability for Oil Pollution Damage (1992) – the CLC, which has been obliging for out State since the ratification of 1997. It is therefore comprehensible effect of CLC on the relations regulation in the Bunker Oil Convention. Necessary differences are though noticeable in regulations (e.g. the definition of a “ship”, “bunker oil” and “oil”, then “especial limitation of responsibility”, and additional provisions with respect to compulsory insurance or financial warranty). We would mention that a “ship” is defined as each maritime ship or vessel of any type, and the “bunker oil” is each hydrocarbon mineral oil including greases which is used or is not intended for the use for engine operation or drive of a vessel, and each residue of such oil.
Introduction of all the public fees – including environment protection fees – belongs to an exclusive competence of the EU Member States. The differences in particular elements, which appear as a consequence of the fact that each Member State establishes them by itself, being harmonized to a degree to which it is needed for the functioning of the Common Market. Adjusting is implemented by means of the procedure of harmonization, i.e. legal equalizing. Legal basis for it is the provision of the artilce 99 of the Treaty Establishing EEC. One of the forms of the legal documents of harmonization are dirctives. Directives have obliging character for a Member State to which they refer, but only from the point of view of realizing certain objectives stated there. Namely, the Member States are entirely free with the choice of the forms and means with their implementation into national legislation. One of a significant directives at that domain is the Directive on Restructuring Framework Regulations of EU and on Taxation of Energy Products and Electirc Power, issued by the European Council on 27 October 2003.
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