Floating charge is carried out according to the rules on court or notary public lien-law insurance based on an agreement between the parties according to the Execution Act. For purpose of the realization of this insurance, the parties can, by mutual consent, establish a lien based on the total movables or the movables of a certain type which are at or within certain space, owned by the adverse party of insurance or used by the adverse party of insurance on some other legal base. With the implementation of this insurance, the movables are especially registered or defined individually in some other way. The effect of the insurance is that the lien on the subject-matter movables is acquired by an insurance applicant, respectively a creditor when he enters it into the Register of the Court and Notarial Insurances of the Creditors’ Claims on Movable Object Rights, and in accordance with the provisions of the Law on the Subject Matter Register and the Execution Act.
The contract has been concluded when the parties are agreed on essential components of the contract. Sometimes, however, no real agreement of contractual parties exists, so each legal system permits an interested person to prove, under certain conditions, that the agreement does not exist. Legally relevant cases of defective intention were regulated in the articles 60 – 66 of the Law of Obligations Act of the year of 1991, and in the Law of Obligations Act of the year of 2005, they are contained in the articles 279 – 285, and only the provisions with respect to defective intention were changed significantly; so, the author analyses, in the article, the provisions with respect to a mistake, so in this article, the author analyses the provisions on mistake in conformity with the new Law of Obligations Act.
Recently, media have often dealt with a new Physical Planning and Building Code as at the beginning of the month of May this year, the Government of the Republic of Croatia sent the Bill to the Croatian Parliament for discussion and adoption, and as proposed, it should become effective on 1 October this year. Namely, in the presently effective Law on Physical Planning and the Building Act, and with their implementation as well, some defects have been noticed – the unsuitability of certain instruments from the domain of urban planning and physical planning and the building industry as well as an unsuitable way of their inter-connections, as well as the insufficiency of the instruments of the management and development of the building land in settlements. The consequences are multiple, what causes irrational use of space, and aggravated social and economic development; so that such a state, and the need of further approaching of the national legislation to the acquis communautaire at the domain of physical planning and building require the adoption of a new law.
Medical law has recently appeared as a separate discipline of the law science and as a separate branch of the law. Medical law includes all the legal aspects of health activities, all the subjects, relations and procedures to which the law connects certain legal effects, or rights and/or liabilities. It is a group of various regulations belonging to the various branches of the law, whose common characteristic is to regulate the relations and perform health activities. As the question is of a law branch which is an independent law discipline in us at the very beginning, the author tries to explain the concept and contents of the name of “medical law”, especially with respect to the name of “health law”, and to point also to the contents, legal sources and basic principles of the medical law.
Insurance policy is an insurance document, signed by contractual parties, by means of which the existence of a contract is confirmed and its contents defined. With respect to the Law of Obligations, an insurance policy is a written evidence on the existence and contents of a contract; it is a legal instrument of the transfer of law from a contract to a third person representing a form of an identification of the insured as the one having the rights from the contract. Insurance policy, except with the insurance of persons, is not a written insurance contract. The signatures of parties on a property insurance policy give to a policy the characteristic of a written document on a contract. The transfer of an insurance policy prior to the emergence of damage is a basic and specific form of the transfer of rights of the insurance contract. With its transfer, the subjects of an insurance contract are changed. The change of parties does not influence the identity of a relationship from the Low of Obligations. With the transfer of a policy, the procedural-law authorization to an action against the insurer is also transferred for the claims form an insurance contract. The rule of insurable interest in property insurances is the criterion for the evaluation of the validity of the rights transfer from insurance policy. If a policy has been issued to order, to the policy to bearer or a policy “to whom it may concern”, it is understood to be transferable according to insurance regulation rules. No approval of the insurer is necessary for a policy transfer.
The power of attorney is a unilateral act of a power-grantor who authorizes a physical person to undertake actions in the name and on account of his/her client in a civil procedure. It serves to establish the identity of the authorised person before the third persons and to have the authority to undertake civil actions from the moment of issuing a power of attorney, unless something else has been agreed between the parties. All the undertaken actions within the scope of the power of attorney are considered to have been undertaken by the power grantor, whereby the grantor of a power of attorney can be a party himself/herself, but can also be a legal representative of a party which is incapable of suing and being sued. Representation based on a power of attorney is one of the most often and due to that, also, the most important kinds of representation in a civil procedure. The right of representation by an authorized person is based on a contract (in practice, it is as a rule a contract of an order – mandate) which has its external and public law manifestation expressed through a power of attorney.
The non-appearance of a fire-fighting police inspector on duty at the spot in cases of a report on a smaller ignition of natural gas in a shaft was a reason of pronouncing a disciplinary measure of employment termination to that official. Although the court of the first instance and the court of appeal before which such disciplinary measure was rebutted found this measure to be illicit and the claim for its annulment was accepted and the plaintiff returned to the work post of an operative worker for a fire-fighting inspection job, the revision court concludes that non-appearance of a police official – the authorized person for fire-fighting on spot can, and in the concrete case, did represent an “unconscientiously exercised duty”, what represents a major offence of labour discipline regulated by the previously valid Law on Internal Affairs which is a sufficient reason for employment termination.
Copyrights, the right of industrial ownership, industrial design, patent, brand, marks of geographic origin and the marks of a product and service authenticity, and the topography of semiconductor products belong to the right of intellectual ownership. According to the provisions of the Income Tax Act, the income from property rights is considered to be the difference between the receipts from timely limited cession of author’s rights, the rights of industrial property and other proprietary rights and the receipts from alienated property rights and the expenses to have arisen with a taxpayer during the tax period with respect to those receipts. With respect to the income realized by the authors from copyrights, we would mention that the same is established as the income from dependent work and the income from the independent activity with respect to the provisions of the Profit Tax Act, and as a secondary income.
When the Apartment Renting Act became effective, the provisions of the Housing Act stop being valid. The same did not refer to the procedures initiated till the effectiveness of the new regulations. They should be settled according to the provisions of the old law. In the meantime, the Constitutional Court of the Republic of Croatia cancelled some provisions of the Housing Act while some others that should have been abrogated, were left over as a part of the positive law system. Some problems emerged with it as the administrative procedures of issuing orders on eviction initiated according to the Housing Act must have been stopped as well as the executions of the finally valid orders on eviction, but some other provisions of the Housing Act were not cancelled so that the administrative bodies continued to issue further the orders on eviction respectively the conclusions on the approval of the execution according to those provisions, although general attitude of the Constitutional Court is that the administration should not perform executions for purpose of clearing out the real estates. In that way, certain categories of citizens were put into an unequal position.
At the beginning of this year, a new Law on National Surveying and Cadastre of Real Estate has become effective, regulating the State surveying, cadastre of real estate, register of spatial units, national infrastructure of spatial information, surveying jobs with local selfmanagement, surveying works for special purposes, the execution and scope of the competent institutions on the job of the State surveying, keeping and the use of data, and the control on the cadastral and national surveying transactions. As the data of cadastre and national surveying of real property belong in principle to public domain, and that the subject-matter job is of interest for the Republic of Croatia, it is not to mention especially the importance of this Act for the domain of real estate and for the legal security as a whole.
The right of minority shareholders on filing the indemnity action on behalf of a public company against the members of management and supervisory board is one of legal remedies by means of which shareholders can influence the good performance of the management and supervisory board. The General Meeting of a company decides on filing the indemnity action and the members of the management or supervisory board must file action within certain period of time. If the members of management or supervisory board do not file such an action, the shareholders of a company get possibility to file the indemnity action on behalf of the company. Possible abuses of the indemnity action by shareholders are diminished by previous judicial control of the grounds for filling the action, or by appointment of impartial special litigation committee which inspects appropriateness of such an action regarding the company’s interests. Derivative action which can be filed by every individual shareholder is developed in Common Law countries and in Civil Law countries, there is indemnity action which can be filed by minority shareholders.
Knjiga "Luke unutarnjih voda" u izdanju Hrvatskog hidrografskog instituta iz Splita izmijenjena je i dopunjena verziju doktorske disertacije dr. sc. Gorana Vojkovića, obranjene početkom prosinca 2006. na poslijediplomskom znanstvenom studiju Pomorsko pravo i pravo mora Pravnog fakulteta Sveučilišta u Splitu.
Razgraničenje između plaćanja naknade štete i razmjene usluga - tretiranje naknade za smanjenu vrijednost u smislu poreza na promet pri povratku predmeta leasinga - presuda Saveznog vrhovnog suda od 1. ožujka 2000. VIII ZR 177/99
Europski sud o § 2. Zakona o porezu na dohodak (EStG): Nacionalnom odredbom kojom se ograničava priznanje gubitaka iz najma i zakupa od nekretnine koja se nalazi u nekoj drugoj državi članici krši se europsko pravo.
Pojednostavljeni dokaz o uplati za donacije do 100 EUR - internetsko bankarstvo