In our legal system silent partnership is defined as an association that is created by means of a contract where one person (a silent member) invests some value of property into an enterprise, and based on that investment, acquires the right of participating in profit and loss of the enterprise. In its essence, silent partnership is actually a subtype of a partnership, and it is characteristic for one and the other association that it is not the issue of a legal person, but only a voluntary association of at least two persons. Silent partnership enables a silent member to keep a share without being responsible to the creditors into which he/she invests or not to be registered with the court register or some other register as a member of a company. In practice of some foreign legal systems, there are two basic types of silent partnerships recognized – proper (typical) and improper (atypical) silent partnerships.
This article presents a decision of the Constitutional Court of the Republic of Croatia from the domain of labour-law relations and criminal proceedings. It is the question of the injury of the constitutional law made to the plaintiff to have filed a constitutional court by lower-instance court decisions, as she was convicted for a criminal act connected with employment which, at the moment of committing was not a criminal act, but an offence, and the constitutional norm is clear, and according to that norm, nobody can be sentenced for an act which prior to its being committed was not law-prescribed or by means of the international law, was not considered as a criminal act, or cannot be passed a sentence which was not law-prescribed. It the law, after committed act, prescribes a milder penalty, such penalty will be imposed.
Civil service is terminated by agreement, dismissal, and employment expiry or in some other way prescribed by especial law. Beside the mentioned, civil service terminates also by mandatory termination of employment. Mandatory termination is caused by the death of the employed; by establishing the right to pension due to a general disablement; with completed age of 65 and at least 20 years of service; when an employee has been sentenced to unconditional sentence of 6 months; and in case of certain criminal acts; in case of unjustified absence from work; failure to pass examination of vocational ability within prescribed period of time; if he/she is found not to have fulfilled the law-prescribed conditions for the civil service; if found that at the time of employment at civil service there existed a law-prescribed obstacle to perform the civil service; when sentenced to the penalty of employment termination in the procedure due to a serious violation of his/her official duty; if after transfer, he/she omits to appear at the new duty within a lawprescribed time; and if evaluated twice in succession as being “unsatisfactory”.
A promissory note is a strictly formal legal act with the publiclaw effects of a final Order on Execution, or of an execution document. That means, that the same execution document, the Promissory Note is in its essence, an instrument of a debt security and as such, it is comparatively often used in practice. It is regulated by the provisions of the Law on Execution that has been used in us for more than a decade. The institute of the promissory note has been amended by the latest amendments of that Law. There are two types of a promissory note: a blank promissory note and so called ordinary promissory note. Regardless of its being called ordinary or a blank promissory note, it is valid only if it bears the signature of a debtor, as the issuer, certified by a notary public. For instance, contrary to a promissory note, the signature of a bill of exchange issuer is not certified by a notary public.
Documents of physical planning have power and legal nature of executive regulations, and they are issued by the Croatian Parliament and the representative bodies of the units of local and regional self-government for their areas or for a part of their regions. They represent the main instruments for the implementation of the policy of the physical planning of a state at all the three levels – national, regional and local ones. The documents of physical planning define a purposeful organization, use and the purpose of a space, and the criteria and guidelines for the development and protection of the space of a State, county, the Town of Zagreb, municipalities and towns. They define the possibility of construction at a certain land plot, the purpose and other elementary construction conditions of a structure that can be built at that land, and they contain, in that sense, the material rules based on which a location permit is issued.
The issue of defining legal domains included by the civil department of the supreme body of the judicial power in us – the Supreme Court of the Republic of Croatia was not resolved by the Court Act. The provision of the mentioned Law points out that the penal and civil departments of the mentioned Court are established by means of it, but the term “establishing” should not be understood in a literal sense in this context as one can establish only what does not exist, and the subject-matter department of the mentioned court has been in existence for a long time; the former Law dealt with it, and no act is necessary to adopt for its functioning either from within or from without of the mentioned court.
Audit is a control that examines regularity and removes irregularity in substance-law and procedural issues, and with respect to achieving some law-prescribed rights. It is, based on the law, performed by a body of a superior degree. In general administrative procedure, the law does not know the audit as a procedural institute. Particular issues for certain administrative domain can be, however, otherwise regulated by especial law than they have been regulated by the mentioned law if it is necessary for proceeding in that administrative domain and if it is not opposite to the principles of the mentioned law. That has been done by especial audit standards in the domain of social rights, as have e.g. been found in the Law on the Rights of the Croatian Patriotic War Veterans or the members of their families, the Law on the Protection of Military and Civilian Invalids of the War, and the Law on Pension Insurance.
According to the Media Act, a correction does not mean just a correction in a narrower sense, or a correction of wrong statements or incorrect allegations in published information, but also presenting the facts and circumstances by means of which the affected person rebuts or with the intention of rebuttal, significantly supplements the statements from the published text. Scientific or artistic criticism does not give the right of correction unless correcting incorrect or insulting allegations. Information is a datum, text, photography, drawing, cartoon, film, verbal report, value judgement or some othercontribution published in media. It has been, so, regulated by the mentioned Law that everybody has a right to request from an editorin- chief to publish a free of charge correction of the information to have injured his/her rights or interests. The legal persons and bodies have also the right of a correction if their rights and interests are affected. The purpose of a correction is to rectify incorrect or incomplete information.
After a long practice during which we often witnessed the privatization which was performed in a well-known way, there remains to rely on the court practice which should, only in its nature, interpret the Law, that one on privatization, even when the question is of the land which was not included into privatization. The attitudes of some courts of the first instance are therefore praiseworthy as their decisions point to the situations in which the legislators do not issue regulations.
The development of Justice and Home Affairs (JHA) policy has undergone four different stages: At the first stage, it was dealt with classical intergovernmental cooperation between EC member states completely outside the EU institutional framework. The second stage was characterized by the institutionalization of JHA cooperation, by its inclusion in the Third Pillar of EU Treaty. The third stage, the so called “Tampere Period” was the period of the highest legislative dynamics with a view of the establishment of an “area of freedom, security and justice” in EU. In this period, the JHA cooperation finally became a real EU policy. The last period could be called “the Hague Period” which started with the adoption of Hague Program in December 2004 and which will govern justice and home affairs area until 2009. It is envisaged that the Hague Period will be characterized primarily by the consolidation of the Acquis Communautaire in the field of JHA. At the beginning, when all the decisions in the JHA area were taken unanimously, the development of cooperation was progressing slowly and the decisions at the field of JHA were taken on the minimal common ground on which the consensus could have been reached among the member states. Only after introduction of the qualified majority voting, real progress was made possible.
U članku se daje prikaz tribine pod nazivom "Odnos Ustavnog i Vrhovnog suda" koju su održali uvodničari prof. dr. Petar Klarić, predsjednik Ustavnog suda RH, i Branko Hrvatin, predsjednik Vrhovnog suda RH.
Povrat doprinosa uplaćenih iz osnovice iznad najviše godišnje osnovice za isplatu otpremnine prema Zakonu o radu
Pravilnik o postupku naknadne uplate doprinosa otpisanih zbog zastare i nenaplativosti za osiguranike koji su sami za sebe obveznici doprinosa i obveznici plaćanja doprinosa - uputa o postupanju
Isprava ima značajke kupoprodajnog ugovora jer sadrži predmet, cijenu i uglavak da po isplati ugovorene cijene prodavatelj dopušta kupcu uknjižbu prava vlasništva u zemljišne knjige.
Vlasništvo nekretnine stečeno je temeljem kupoprodajnog ugovora a ne predugovora, pa je porezna obveza nastala danom sklapanja tog ugovora, a ne predugovora u vrijeme čijeg sklapanja nije bilo obveze plaćanja poreza na promet u slučajevima prijenosa nekretnine između bivših tzv. organizacija udruženog rada.
Kako ugovor sadrži sve bitne elemente kupoprodajnog ugovora s obzirom na to da su se strane sporazumjele o bitnim elementima ugovora, riječ je o kupoprodajnom ugovoru glede cijele nekretnine, dakle u odnosu na oba stana.
U pravilu Sud u upravnom postupku rješava na temelju činjenica koje su utvrđene u upravnom postupku, pa dostava ugovora o raskidu ugovora tek uz tužbu onemogućava odluku tuženog tijela koja bi bila različita
Dopuštena promjena unutar degresivnog otpisa zgrade pri promjeni namjene korištenja - odstupanje od stava uprave
Izvanbračna zajednica slična bračnoj - nemogućnost začeća - in-vitro fertilizacija - troškovi se ne smatraju izvanrednim troškom - nemogućnost začeća kao bolest - razlika u odnosu na umjetnu oplodnju žene u bračnoj zajednici
Dodatak za prekovremeni rad za člana društva - direktora - primjena presude Saveznog financijskog suda od 19. ožujka 1997.
Rad nedjeljom, praznikom ili noću - dodatak za rad noću u smjenama koje se izmjenjuju nije oslobođen poreza
Pravo na naknadu štete ponuditelja ako poziv na javno nadmetanje sadržava pogreške ili odluka o odabiru nije donesena u skladu s propisima - nema naknade štete ako su kogentno propisani obrasci pogrešno ispunjeni
