The Act on Amendments of the Act on Obligatory Relations has, among other things, changed some provisions referring to credit letters, bank guarantees and turn-key contracts. The provisions referring to credit letters and bank guarantees have made an important step towards the international business practice. It is expected that the future amendments in the existing practice, which are periodically made by the International Chamber of Commerce, will not affect the provisions of the Act on Obligatory Relations. In our opinion the present provisions contain the essence of the above stated instruments which will not be changed even in the case of some periodical amendments. This especially refers to credit letters since the Act on Obligatory Relations requires the application of the complied provisions which are in effect in the period of issuing a credit letter. In view of the amended turn-key provison it is expected that the investors will not interfere in the contractors’ work by changing the volume of supply if the work was contracted on the turn-key basis.
Mid April this year the first amendments of the Act on Obligatory Relations came into effect, which is very important for economy. The first amendment refers to the public law persons which are obliged to act according to the provisions on public purchase, except companies. The amendments enabled the additional compliance to the Directive 1999/44/EZ of the European Parlament and Council from 25 May 1999 referring to some aspects of sales of consumer goods and the corresponding guarantees. The term manufacturer has thus been defined in view of the provisions regarding the responsibility for material flaws and guarantees of defectless sold goods; it regulates the salesman’s responsibility even for the minor material flaws but in this case the customer does not have the right to break the contracts but can exercise some other rights from the responsibility for material flaws; it regulates the customer’s right to break the contract or to obtrain the corresponding price reduction in case when the removal of the flaw i.e. the sales of another goods without a flaw would result in inconveniences for the customer; the provisions on the guarantee of the flawless sold goods are complied to the above stated Directive in the way that the guarantee can be provided by the seller and the manufacturer (including the customer’s rights) and that the guarantee is binding no matter in which form it has been provided. It is also precisely stated on which persons the three-year stature of limitations is applicable for mutual liabilities in the provision of goods and services including the explanations of the suppositions according to which the silence of the person engaged in the order activities means acceptance of the offer.
The Lifelong Support Contract and the Contract for Support until Death are regulated by the new Act on Obligatory Relations and not by the Inheritance Act any more, which cancelled the dualism of regulations referring to the above stated contracts. This refers above all to the general provisions on breach of contracts and the amendments and breach of contracts due to the changed circumstances. All the above mentioned issues are now regulated by the Act on Obligatory Relations, which e.g. in case of the changed circumstances points to the general provisions on clausuli rebus sic stantibus. Thus, all the doubts in view of the changed circumstances, which were regulated both by the Inheritance Act and the Act on Obligatory Relations, have been eliminated. The main issue is how to protect the recipient of support from potential abusement by the provider of support. The most frequent reason for requiring legal protection is the violation of the contract provisions. The fundamental form of protection would be the breach of the contract by the support recipient due to the non-fulfillment of the obligations by the provider of support. There is a specific issue referring to the impact of the changed circumstances on the Lifelong Support Contract and the Contract for Support until Death. The changed circumstances have to be extraordinary and can result in the change or breach of the contract. The contract may be terminated due to the death of the provider of support as well.
U ovom se članku razmatra problematika jednog slučaja iz sudske prakse u kojem je radnik zahtijevao naknadu štete od poslodavca nastale padom zbog uporabe zamašćene radne obuće korištene (u radnikovoj kući) izvan radnog procesa.U članku se napominje da prema Zakonu o zaštiti na radu poslodavac odgovara radniku za štetu uzrokovanu ozljedom na radu, profesionalnom bolešću ili bolešću vezanom za rad po načelu objektivne odgovornosti (uzročnosti), a prema općim propisima obveznog prava.
Among other definitions, the termination of the contract of employment includes the notice as the expression of will of one contract party (employer or employee) to terminate the contract of employment, whereby such expression of will, after being reported to another contract party, results in the termination of the contract of employment. The termination of the contract of employment is a one-sided legal business which has to be made in a written form. The verbal termination of the contract of employment is the decision which violates the employee’s employment right. Accordingly, the employee has the right to claim the protection from the violated right in the way and terms regulated by the Labour Act. If the employee fails to do so, the above stated right is lost and the unlawful termination of employment cannot be determined.
U ovom se članku razmatraju hijerarhijski i drugi odnosi među subjektima u jedinicama lokalne i područne (regionalne) samouprave (predstavničko tijelo, poglavarstvo, upravna tijela, pročelnici upravnih tijela, službenici i namještenici) prema važećem uređenju, odnosno prema noveliranom sustavu koji će biti u primjeni od svibnja 2009.
Temeljni pravni okvir
Položaj upravnih tijela jedinica samouprave i hijerarhijski odnosi
