The Act on the Amendments to the Act on Land Registers was passed in April 2013. Among other issues, it has improved the updating of the registers regarding the legal status of real estate and its adjustment to the cadast registers, creating thus the conditions for establishing the Common Information System and the Database of Land Registers. The Act also determines the new approach to the legal framework of the land register system based on the IT, in order to create the modern and transparent database of the land registers. The new approach comprises electronic applications, electronic rulings, electronic documents and digital archives, which should contribute to the rationalization of the network of the land register courts of the first instance, including the appeals.
Autor: Dr. sc. Ljiljana MATUŠKO ANTONIĆ , dipl. iur.
Besides the review of the legal position of the creditors in the case of bankruptcy of banks and the analysis of the Directive 2001/EC of the European Parliament and Council from 4 April 2001 regarding the reorganization and liquidation of bank institutions, the authors of the article present the existing Act on Credit Institutions, specifically the order of payment. They also deal with the issue whether it is possible and allowed to draw up, adopt and realize the bankruptcy plan in the situations when the bankruptcy procedure has already started or if the liquidation bankruptcy procedure represents the only realistic solution. Within the system of solving insolvency through the settlement between the creditor and debtor before bankruptcy, it should be pointed out that the Act on Financial Operations and Pre-Bankruptcy Procedure clearly determines that the procedure of the pre-bankruptcy settlement cannot be conducted with the credit institution. Accordingly, the Amendments to the Act on Credit Institutions allow the exception to the strict rules of pre-bankruptcy procedure in the form of investment into the capital of non-financial institutions and tangible assets.
Autori: Mr. sc. Ante VUKOVIĆ, dipl. oec. Mr. sc. Dejan BODUL , dipl. iur.
The issues of salary distraint are primarily determined by the Distraint Act as the general regulation of the distraint law. The new Distraint Act became effective in October 2012. Accordingly, the salary distraint and the distraint on other permanent or temporary cash receivables are performed in accordance with the provisions of the above stated Act, taking into consideration the provisions of the Act on Distraint Procedure on Cash Assets (which also determines the procedure of the Financial Agency upon opening the special account protected from distraint and its forwarding to the employer as the party obliged to pay a part of the receipts on such an account) and the Rulebook on the Ways and Procedures of Distraint on Cash Assets, which became effective in January 2013.
The author of the article analyzes some important issues regarding the distraint procedure made by the FINA, i.e. the system of the out-of-court distraint procedure in order to collect cash receivables, applying the provisions of the Act on Distraint Procedure on Cash Assets and the regulations based on the above stated Act, made through the FINA. Such a system of the out-of-court distraint procedure was introduced in the Croatian distraint legislation on 1 January 2011, when most of the provisions of the Act on Distraint Procedure on Cash Assets became effective. Since its application it has shown a remarkable effectiveness and the possibility of reaching the goals to unburden the courts and to simplify, economize, speed up and increase the effectiveness of the distraint procedure on cash assets, which mostly represent the structure of the receivables.
The mediation in sales of real estate comprises a number of activities of an estate agent, such as looking for the opportunity to liaise the client and the third person and the negotiations and preparations for making legal deals regarding the sales of the particular real estate. The sales of real estate plays an important role in the economy. Accordingly, the mediation in the sales of real estate represents an important economic activity, which requires the corresponding legislation. The author of the article presents the regulations in the Republic of Croatia referring to this activity, which were modelled on the similar regulations in the developed countries.
The Act on Construction Activities in Bavaria determines in detail all the phases of the technological process of construction of buildings, comprising the designing, the administrative procedure regarding obtaining the legal document enabling the start-up of construction activities, the realization of construction activities, the supervision of construction activities as well as obtaining the construction permit. The latest amendments define the buildings which do not require the administrative procedure and obtaining the construction permit, the buildings on which the simplified administrative procedure of obtaining the construction permit may be applied and the buildings which need to have the construction permit.
In the Republic of Croatia the issue regarding the protection from noise is regulated by the corresponding acts and enactments. The author of the article presents the above stated regulations and points to the field of protection from noise coming from catering facilities upon their opening, i.e. making the ruling on fulfilling the minimum conditions for performing catering activities. Such a ruling is made by the City of Zagreb – Office for Economy, Labour and Enterprise, the Department for Legal and Administrative Affairs, the Division for Determination of the Minimum Technical Conditions and Other Conditions for Performing Economic Activities and in other counties the Offices for Economy – Department for Catering Services and Tourism.
The author of the article analyzes some current and important issues regarding sports inspection, all according to the Act on Sports Inspection, which became effective in August 2012. The author points to the fact that there was no relevant need to pass the above stated Act, due to the fact that all the important and disputable issues could have been settled according to the existing acts and enactments. In such a way the quality legal procedures in sports could have been solved in general.
Cilj ovoga rada je apostrofirati određene idejne, teorijske i zakonodavnopravne probleme u području sporta i otvoriti proces redefiniranja i repozicioniranja sportskoga prava u odnosu na njegov današnji, zapostavljeni položaj. S tim ciljem autor objašnjava idejno-teorijsko i pravno-znanstveno motrište sporta i sportskih događaja, prikazuje zakonodavno motrište stanja u sportu, upućuje na neke ekonomske i komercijalne karakrteristike sporta te na sociopatološke pojave u njemu.
Socijalno poduzetništvo novost je u pristupu društvenim problemima, odnosno u pristupu problemima zajednice. Ono služi lokalnoj zajednici ili specifičnoj skupini ljudi te promovira odgovornost na razini zajednice. Projekti socijalnog poduzetništva generiraju socijalne vrijednosti, a ne profit. Socijalna ekonomija, kao širi pojam socijalnog poduzetništva, obuhvaća sve one organizacije koje se bave društvenom promjenom ili poboljšanjem statusa ciljnih skupina u području tzv. trećeg sektora, odnosno sektora civilnog društva. Ponajprije je riječ o neprofitnim pravnim osobama, dobrotvornim organizacijama, fundacijama, zadrugama i ostalim organiziranim oblicima građanskog djelovanja.
The author of the article analyzes the institute of tax secret in the German law. Such an institute has been determined in the procedural regulations regarding public payments. In the introduction of the article there is the explanation of the term of a tax secret in Germany. The article then states the persons obliged to keep the tax secret and the cases of revealing the tax secret. The situations when the law permits to reveal the tax secret are presented separately. Finally, the article stresses the sanctions for the unauthorized and illegal revealing of the tax secret.
