ZAKON IZ PODRUČJA GRAĐEVINARSTVA
ZAKON IZ PODRUČJA SUSTAVA PLAĆANJA I KREDITNOG POSLOVANJA (FINANCIJSKO POSLOVANJE)
ZAKONI IZ PODRUČJA MEĐUNARODNOG PRAVA
In order to preserve jobs due to the declared coronavirus epidemic (COVID-19) and support to the economy for July and August 2020, the Government of the Republic of Croatia adopted a special measure for sectors particularly affected by the epidemic and the subsidy for shortened working hours. In September 2020, the CES Governing Board extended the duration of the measure until December 2020. In October 2020, these measures were partially amended.
In this article, the authors deal with the issue of the employers’ actions and what is available to them in cases where their worker or workers do not comply with one or more of the measures determined in these emergencies caused by the global pandemic called nCoV DISEASE (COVID- 19). In addition, some of the sanctions for an employer who fails to comply with the measures in question are considered.
This article briefly examines the sustainability and legal obligation of the transitional phased regime during the enforcement of 19 October 2020. This regime was announced by the Government of the Republic of Croatia (through the Minister of Justice and Administration) as a way of easing the position of debtors (debtors). However, this is a non-binding recommendation. The article presents understandings about the position of creditors (enforcers), debtors (enforcees), but also those who carry out this enforcement, among others, such as public notaries and employers, taking into account the economic reality in the Republic of Croatia.
The article deals with the legal framework for the reconstruction of business premises, residential-business and business buildings damaged by the earthquake on March 22, 2020. It presents the definitions of business and residential-business buildings and a special legal framework of business premises in which educational or health activities are performed. Furthermore, the stages of building renovation and the criteria for removing buildings are described. The methods of financing the reconstruction are highlighted, and at the end the system of reconstruction according to the First Program of Reconstruction Measures is presented, stating the content of the Request for Reconstruction.
The article provides an overview of the unsustainable practice observed in a number of decisions of the Civil Protection Headquarters of the Republic of Croatia, which consists in introducing the term "beginning of application" in the final provisions, to determine that the legal effects of a rule occur before its proper publication in official gazette and, finally, that the decisions of the Headquarters take effect on the day of their adoption (and thus have retroactive effect). These problems are often encountered in other types of bylaws in the Republic of Croatia, too.
The article provides an overview of the basic concepts related to the Internet and the rules that ensure its neutrality. Arguments for and against neutrality are considered with respect to various stakeholders, especially end users and internet service providers. Special attention is paid to the relevant EU legislation laying down rules for network neutrality and revision of its implementation, as well as future challenges in the context of new Internet technologies (5G).
The article provides a brief overview of some issues which have arisen in connection with the recent amendments to the Act on Concessions and beyond. The first part discusses the concept of concession, especially with regard to the regulation in the European law. Then, the extension of the legal definition of the term economic entity is analysed, with reference to the purpose of such regulation at the level of the European Union. Finally, changes to the legal provisions on the transfer of the contract and the lien on the concession contract are questioned.
In the article, the author analyses the legal understanding of the Civil Division of the Supreme Court of the Republic of Croatia Su-IV-47 / 2020-2, which determines when the statute of limitations for restitution claims submitted as a result of a final nullity of a contract begins. In addition to the legal analysis of this understanding and the institutes mentioned in it, the author also presents his own opinion on the sustainability of such an understanding in the context of the Croatian law and the case law of the Court of Justice of the EU.
The article deals with the delay of the debtor and the creditor and the general and specific consequences (on the example of individual contractual relations) for both parties when one party in the contract is late. Delay of the debtor is much more common in practice, which reflects the prevailing representation of this institute in the Act on Obligations (compared to the delay of creditors), and therefore it (and related case law) is given more attention in the article. In addition to the introductory conceptual and institutional differences according to maturity and statute of limitations, both institutes in court practice are explained and elaborated, as well as the legal understandings expressed in this regard by the highest courts in the Republic of Croatia.
In the article, the author analyses the possibility of tacit renewal of the lease agreement for business premises, the provisions of the "old" Act on Obligations from 1978 and the provisions of the "new" Act on Obligations from 2005. The analysed provisions of the two acts on obligatory relations are brought into interdependence with a special legal framework in the form of the Act on Lease and Sale of Business Premises and Act on Lease and Sale of Business Premises. Accordingly, the author pays a special attention to certain controversial court decisions concerning the subject matter. Finally, the article provides an answer as to whether, considering the existing legislation, it is possible to tacitly renew the lease agreement for business premises.
The author deals with the legal institute of the inheritance statement and the possibility for the acquirer of the inheritance right to renounce the inheritance by ceding it to another heir or to be completely excluded from the inheritance of a specific testator.
In the article, the author presents a review of the challenges of systematic arrangement and amalgamation of agricultural land for the purpose of reviving agricultural production in the Republic of Croatia, with a special reference to the possibility of changing the status of agricultural land marked as forest.
From the point of view of value added tax, value coupons are instruments that the seller should accept as compensation or partial compensation for delivered goods or services. In the article, the author explains the rules of VAT calculation when issuing and using value coupons, which can be single - purpose and multi - purpose value coupons.
Imports of goods are considered to be any entry of goods into the EU that were not in free circulation in the territory of the EU, in accordance with customs regulations. The customs authority conducting the customs procedure must, in addition to the rules governing the application of customs duties and other charges, apply the rules applicable to the tax position of the specific procedure required. Imports of goods into the Republic of Croatia are considered subject to taxation in the Republic of Croatia. The calculation of VAT on the import of goods into the Republic of Croatia is the responsibility of the Customs Administration, which conducts the customs procedure together with the calculation and collection of customs debts.
The German Ministry of Finance has published on its website a publication entitled "The most significant taxes in international comparison 2019" (Die wichtigsten Steuern im Internationalen Vergleich 2019) (August 2020 issue, legal status as of 31 December 2019). Below is an abbreviated and adapted translation of the mentioned publication with the most important tabular data for our readers. The publication is allowed with reference to the source.
In the article, the author draws attention to the legal conditions that lead to the termination of the employment contract within a special regulation (lex specialis), in this case the Act on Education in Primary and Secondary Schools, in relation to the legal conditions related to the termination of employment contracts. within the general labour regulation - Labour Act.
The article provides an overview of the basic concepts related to the Internet and the rules that ensure its neutrality. Arguments for and against neutrality are considered with respect to various stakeholders, especially end users and internet service providers. Special attention is paid to the relevant EU legislation laying down rules for network neutrality and revision of its implementation, as well as future challenges in the context of new Internet technologies (5G).
This article will present further provisions of the so-called. ECN + Directive as a continuation of the professional article published in issue 10 of this journal.
The article begins with the presentation of a special chapter of the Directive dedicated to penitentiary programs for the release or reduction of sanctions for secret cartels with a view to increasing the uniformity of the application of these schemes to penitent entrepreneurs at EU level.
Furthermore, the provisions of the Directive on mutual assistance and cooperation between national competition authorities are considered when conducting proceedings pursuant to Art. 101 or 102 TFEU.
Finally, the restrictions on the use of information and the use of evidence under the Directive are described. The presented provisions of the Directive are placed in the context of the existing Croatian regulations and the need to amend them in order to transpose the Directive into the national legislation.
1. Unos i uvoz
2. Preciznost pravnog izričaja
3. Pročišćavanje, kodifikacija i preinačavanje zakonodavnog akta EU-a
4. Sporazum u obliku razmjene pisama
Prez na dodanu vrijednost
Prez na promet nekretnina
Drugi porezi, pristojbe i davanja
Posebni porezi i trošarine
Obvezno pravo
Kapara (čl. 83. ZOO-a)
Naknada štete (čl. 200. ZOO-a/91)
Prekid zastare (čl. 388. ZOO-a)
Ugovor o zakupu (čl. 103. ZOO-a/91)
Usmeni ugovor o kupoprodaji nekretnine (čl. 286. ZOO-a)
Stvarno pravo
Pravo korištenja na građevinskom zemljištu (čl. 56. ZGZ-a)
Brisovna tužba (čl. 129. ZZK-a)
Upravitelj zgrade (čl. 379. ZV-a)
Stjecanje vlasništva (čl. 388. st. 2. ZV-a)
Isplata naknade za korištenje tuđe stvari (čl. 18. ZV-a)
Stjecanje prava suvlasništva dosjelošću (čl. 36. ZV-a)
Zajednička imovina bračnih drugova (čl. 287. ZBPO-a)
Radno pravo
Prednost pri zapošljavanju (čl. 114. ZOOOSŠ-a)
Porezno pravo – PDV
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