In July this year the Croatian Parliament passed the Act on Amendmends of the Insurance Act which will become effective on 1 January next year. The new Act has gone through substantial changes (more than half of the Insurance Act has been changed), which would justify the passing of the new Insurance Act. In accordance with the Croatia’s national program of joining the EU the acts which have been complied to the EU regulations are passed urgently if this is required by the proposer. The Ministry of Finance, as a proposer, required the introduction of the above stated novelties in the Insurance Act. Except the formal reason there were no other reasons for the urgent procedure. Therefore it is not surprising that the experts in the field of insurance expressed their dissatisfaction with a very short time left for discussion on the amendments and suggested that due to such a large number of amendments it would be more efficient to pass a completely new Insurance Act after the regular procedure, leaving enough time to the insurance experts to make suggestions.
U ovom članku autori obrađuju pitanje osiguranja rizika terorizma. Sa tom svrhom najprije pojašnjavaju pravni pojam terorističkog akta i to kao kaznenog djela i građanskopravnog delikta, a zatim pokušavaju odrediti rizik terorizma u osiguranju i razgraničiti ga od njemu sličnih rizika. Nadalje, autori daju prikaz poredbenopravnih rješenja u osiguranju rizika terorizma. Pri tome posebno opisuju sustave pokrića osiguranja rizika terorizma navodeći pojedine rizike koji u njega ulaze, odnosno koji su iz njega isključeni. U drugom dijelu ovoga članka autori će posebno razjasniti i pitanje osiguranja rizika terorizma u hrvatskom pravu te probleme koji se pritom javljaju.
Uvod
Pravni pojam terorističkog akta
Terorizam i osigurani rizik
Određenje rizika terorizma u osiguranju
Teroristički akt kao osigurani rizik u poredbenom pravu
Autori: Doc. dr. sc. Maja BUKOVAC-PUVAČA Mr. sc. Loris BELANIĆ, dipl. iur.
At the meeting of the Government of the Republic of Croatia held in September the Decision was made on acceptance of the Strategic document for drawing up of the new Act on Administrative Lawsuits. Accordingly, the Ministry of Justice of the Republic of Croatia is obligated to draw up the Bill on Administrative Lawsuits. The forthcoming reform should ensure the court protection of all administrative proceedings, the determination of facts in the court procedure (leaving the concept according to which the court in the administrative lawsuit principally administers according to the facts determined in the administrative procedure), a hearing in front of the court (of the first instance at least, including the public procedure), more competent decision-making by the court in the dispute, solutions of the administrative lawsuits at the court of the second instance.
The inspection supervision is carried out on the enforcement of law and other general and specific by-laws.The supervision is performed by inspectors. The inspection operations refer to the domain of the state administration. The detailed provisions on inspection supervision are regulated by the acts referring to the specific work of each inspection. In the legal system of the Republic of Croatia there are many such inspections. Practically, each administrative unit has its own inspection with its specifics. The basic principles of the inspection supervision comprise the principle of legality, the principle of officiality, the principle of economical quality and efficiency, the principle of informing clients and other bodies and the principle of providing legal aid to the clients, the objects of the inspection supervision and other bodies, including the principle of passing the legal documents in order to prevent the violation of the law and other regulations, general or specific by-laws and the principle of realization of the inspection documents.
In the practice there are often creditors’ demands to register lien of the real estate of their debtors after the debtor bankruptcy proceedings have been instituted. Afterwards, the land register courts permit the claimed registration. In the case of the claims of creditors to delete such registrations civil procedure courts accept these claims and order the re-registration of the previous land register entries. The author of the article analyses a case from the court practice and makes a conclusion through arguments that a land register court should not permit the registration of lien of the real estate of a bankruptcy debtor based on a private document on which the signature of the authorized person has not been certified before the emergence of legal consequences resulting from the instituted bankruptcy proceedings. Page 29
According to the Sports Act the reform of professional football clubs refers at the moment to a rather indefinite process. If the process of the reform of the Hajduk Football Club has in no time been successfully completed it cannot be forecasted whether such an example is going to be followed by other professional football clubs. Sports clubs are obliged to reform by the law only if they have fulfilled the conditions for instituting a bankruptcy procedure. Other clubs can freely make a decision on this. It will be interesting to see whether such voluntary reforms take place, especially due to the fact that the specific legal system referring to the sports associations and the absence of strict status rules of the Companies’ Act actually at present suits to the leading structures of football clubs.
The international trade refers to the distant trade which can enable easier business operations to buyers and sellers but it can also comprise a large number of risks. One of such risks is the risk of the seller not to collect the receivables. In the opposite case buyers bear the risk that the purchased goods will not be delivered to them. Credit letters play an important role in sales contracts. Through the insight into the ICC Uniform Customs and Practice for Documentary Credits, 2007 Revision, which are internationally recognized and accepted rules referring to credit letter transactions we are faced with the more thorough check-up of the real position of banks compared to the position of other participants in credit letter transactions. Especially interesting are the ICC provisions which refer to the limited responsibility of banks. They have frequently been disputed by experts and their justifiability and validity have been put into question when compared to other national systems.
The author of the article writes about a labour dispute in which one party was a conciliatior and afterwards a witness. The party, who was dissatisfied with the decision made by the Supreme Court pressed charges at the Constitutional Court in order to protect their constitutional rights. In this context, the author makes a conclusion that the amendmends of the civil procedure legislation limit the Supreme Court, as the court of the highest instance, to ensure the unique application of the law and equality of all citizens. Such a situation initiated the attempts that upon completion of the procedure of the second instance the supervision and protection of the rule of law is ensured by the Constitutional Court, which has thus become the court of the third instance compared to its previous status as the court of the „fourth instance“. Therefore, the law-maker should provide the protection of the rule of law through the access (audit or other corresponding way) to the Supreme Court, which should then take certain legal viewpoints and ensure the rule of law in the procedures of all the courts, not just the Constitutional Court.
The creditors’ assembly as the highest autonomous organ in bankruptcy procedure has high authorities, which have considerably been expanded since the Bankruptcy Act came into effect. However, such extensive authorities of creditors’ assembly do not mean much to the creditors who cannot vote on the assembly or who are simply over-voted. Besides, the important fact is that there is no quorum of the creditors’ assembly, which means that the number of the present creditors who have the right to vote is not significant. Therefore it is essential to know the exact number of persons who have the right to vote and who are present at the assembly. The law-maker regulated this issue in the Art. 38d of the Bankruptcy Law. However, the author of this article considers that the following facts should be taken into account: bankruptcy creditors are only those creditors whose claims have been confirmed; the settled claims are not claims; bakruptcy creditors with settled claims are not bankruptcy creditors; no creditor is paid up twice in a bankruptcy procedure.
In the contemporary marketing literature the term packaging is defined as a dish of a specific or undefined shape containg the product in a solid, liquid, powder or gaseous state providing the information to the consumer and/or buyer on its content.This term is often equated with the term packing, although packing often comprises a graphic design of the product. The author of the article states the legal sources which in the Republic of Croatia and EU regulate the above stated isssues and explains the existing models of legal protection of product packaging. The relevant models are patent protection, seal protection, protection of industrial design and copyright.
The globalisation of the social and economic life has put into the limelight the issues of the effects of legislation of a particular country in another country. Therefore, in view of the collection of receivables in a foreign country the crucial issue is to ensure a prompt and effective way of collection of receivables determined by the effective decision made by a foreign court. No state will recognize the decision made by a foreign court without its investigation. At the same time, each country independently states the provisions on the presumptions and criteria which are to be investigated upon the procedure of exequatur in order to check the reliability of the foreign decision for the incorporation into the domestic legal system. The strict rules of recognition and realization of foreign court decisions and the expensive and long term procedures of exequatur bring substantial obstacles in the international legal co-operation. Such inability to adjust to the contemporary intensive tempo of the relationships over the board can be corrected or cancelled through the forecast of the national legal systems and complied rules.
The possible registration of VAT company groups as a sole VAT payer is the characteristic of many EU member countries. The direct advantages of introducing VAT groups are the simplified conditions of realisation of the right to deduct the incoming VAT for the VAT payers – member states and the neutralization of the negative effects of VAT payment relief’s for the member countries which provide VAT free deliveries. The indirect advantages comprise the increased financial power of the companies within the group, since a large number of taxable transactions among the group members remains out of the VAT taxation system. The aim of the introduction of VAT groups is to support the practice of dividing costs among the group members which are connected through mutual business interests and to realize the economy of volume with decreased costs and increased competitiveness. Besides, the rules of taxation of VAT company groups on the EU level is directed to the removal of bad tax competition among the members and harmonization of the tax systems on the EU level with the final goal to remove fiscal barriers of competitiveness of the European companies on the world market.
