The new Act on Public-Private Partnership, which was published in July, determines in a more rational way the field of financing the construction of buildings for public purposes. The new Act has shortened and simplified the procedure of approval of the PPP projects, which is given by the special agency. It is expected that the simplified procedure will lead to the increased interest in the PPP projects of foreign investors.
The author of the article analyzes the control of work as a social feature, which has become one of the essential presumptions for proper functioning of the public administration as the function of the state authority. Besides the general definitions of the terms of public administration and control of work (as the specific parts of the entire activities of the society, in which the competent bodies act according to the previously determined principles, rules and procedures), the article also presents the contemplations regarding some open issues. It also stresses the importance of the principles, which have to be considered by the bodies that carry out the control.
The legitimation (legalization) of the illegally constructed buildings (the buildings i.e. the re-constructed part of the existing building which was built without a construction permit, i.e. against such an enactment, whereby on such a building at least basic construction works were performed with or without the roof on at least one floor), as well as the conditions, the procedure and the legal consequences of including such buildings into the legal system are determined by the new Act on Conduct with Illegally Constructed Buildings, which became effective in August, 2012. Due to its relevance, the author of the article presents an overview of all the essential provisions of the above stated Act with a special stress on the deadlines and the procedure of legalization of the illegally constructed buildings according to this Act.
Autor: Dr. sc. Ljiljana MATUŠKO ANTONIĆ , dipl. iur.
Through the critical analysis and comment of a court decision, the author of the article presents the issue of the passive legitimation of a building manager, including his/her legal position in relation to the mandatory maintenance fee as the assets of the building co-owners.
The authors of the article analyze various mechanisms of protection of the parties upon the sales and purchase of real estate in terms of property law, due to the fact that such a protection directly refers to the purchased and sold object and does not require the involvement of the external elements, which are usually hard to access or not accessible at all. The first part of the paper deals with the insurance of the buyer’s receivables on transfer of property, whereas the second part will deal with the insurance of the seller’s receivables regarding the payment of the price for the sold property.
Autori: Dr. sc. Gabrijela MIHELČIĆ , dipl. iur. Doc. dr. sc. Hano ERNST
In legal entities (companies or co-operatives) and in public institutions in which, according to the special regulation, an organ is established that supervises their operations (supervisory board, management board or some other corresponding body), one member of a company’s body or a co-operative, who supervises the operations, i.e. one member of the organ in a public institution (administrative council or some other corresponding body) has to be a representative of employees. Due to the relevance of such issues and the fact that they have been better regulated by the new Labour Act, by spreading the number of the employers in the organs of which the presence of employees is required, the author of the article analyzes this institute.
In this work author gives the overview of legal regulation of parties to collective agreements in Republic of Croatia, explaining the current situation and in particular the ambiguities and problems related thereto. The regulation of Labour Act is described, an explanatory insight into the Act on Criteria for Participation in Tripartite Bodies and Representativity for Collective Bargaining after it has been passed is given, and also its application in practice is explained. Afterwards some directions for resolution of issues are proposed.
On the example of Hrvatske željeznice d.o.o. (Croatian Railway Company) the author of the article presents the issue of the responsibility of the legal successors of the company for its liabilities (after its division). Through the analysis of a concrete case, which has recently appeared in the court practice, the author concludes that each legal successor of a company is responsible for the liabilities of such a company to the third parties, regardless of which property the legal successor has acquired through the division of the company’s assets.
The author of the article analyzes the operations of a secret company and explains its term, presents the members of a secret company, provides the description of the contract on a secret company (its contents), explains the types of a secret company, its establishment, legal relations and cancellation of such a company. Besides, the author points to the possible misuses of a secret company and contemplates to which extend such a contract may be secret.
The problems with the collection of receivables and the lack of loans are the main issues in the operations of a company. How to collect the receivables and establish the functional system of payment collection in the conditions of crisis and recession? The introduction of the internal policies and rules into the system of regulations regarding the collection of payment, as well as using the securities of payment with the application of the Act on Deadlines of Settlement of Financial Liabilities, i.e. the Act on the Financial Operations, which should replace it, could successfully deal with non-payers and improve the liquidity of companies.
Autori: Mr. sc. Ivica BAŠIĆ , dipl. oec. Anita JOVICA , bacc. oec. Maja RODIN , bacc. oec.
The author of the article analyzes the issues regarding the rights of the employed and self-employed adopters to the adoption and parental leave according to the Act on Parental and Maternity Grants. In order to take a proper care of the child, to raise the child and to adjust the family and business life, the above stated Act regulates the rights of the parents and the persons regarded as parents who take care of the child, to the leave and cash grants, the conditions and ways of obtaining and financing of such rights and the bodies authorized to apply this Act.
Public procurement below the European Thresholds is the issue which is to be settled on the national level, whereby certain limitations determined by the European legislation should be taken into consideration upon setting the norms of this issue. The article analyzes the procedural requirements and the legal framework which determines the procurement of goods, works and services below the European threshold. Firstly, there is an overview of the European thresholds and then the national ones. The article also presents the basic principles of determining the procedures of the public procurement below the European thresholds. If the value of the procurement is below the European thresholds, such procurement becomes simpler in view of some procedural requirements.
