The author of the article analyzes the cancellation of the contract and cancellation deadlines. In fact, the cancellation of the permanent contracts in terms of the law on obligations and the labour law (whose obligations are always permanently fulfilled) is one of the ways of termination of the obligation (as a legal term, which plays an important role in each legal system and represents the subject of the relations in the law on obligations) is an important institute, by which the contracts whose duration is not determined, may be terminated. In this way the obligations arising from such contracts are terminated by the will of one party. In view of its legal nature, the cancellation of the contract represents a one-party legal deal. The cancellation of the contract principally comprises a cancellation deadline.
In the recent business practice of commercial banks there has been a large number of dilemmas regarding the issue of variable interest rate upon placements of loans to citizens or business entities. The author of the text stresses wider social controversies caused by the disputable practice of banks. The main topic of the article refers to the application of the legal and contractual provisions on variable interest rate.
The authors of the article present an overview and comments on the most important amendments to the provisions of the Act on Land Registers, which became effective when the Act on Amendments to the Act on Land Registers came into effect, in May 2013. Taking into consideration that the changes of the land register law are only procedural, it is necessary to analyze the goal which is expected to be achieved, the most important legal provisions, the norms, the problems which may arise and the forecast deviations from the determined goals. After analyzing the most important amendments to the Act on Land Registers, the authors of the article have stressed the better solutions and their practical goal, including the issues which may arise in practice and prove to be disputable.
Autori: Doc. dr. sc. Ivan MILOTIĆ Domagoj PERANIĆ , dipl. iur.
The author of the article (which is the continuation of the article published in the previous issue of the RRiF Journal) describes the procedure of providing data within the FINA system, which enables to the authorized bodies, distraint officers, distrainees, banks and other interested parties to claim and to obtain the data from the FINA system, regarding the specific procedures of the agency distraint procedure, and other data. The author also presents the consequences of blocked accounts of distrainees, the procedure of protecting the income of distrainees, which is exempted from the distraint, the procedure of distraint made by the agency in the case of postponed distraint or its standstill, the procedures of the FINA in the case of inability to collect the payment and returning the basis for payment, the procedures of the FINA with promissory notes and blank promissory notes which are not entered into the Register on Promissory Notes.
The new Act on Administrative Disputes has been applied for more than a year. Accordingly, it is now possible to provide a short overview of the application of the above stated Act based on a one-year-experience, stressing the application of the European standards in the practice of the newly establsihed administrative courts of the first instance, especially the standard of the administrative dispute of the first instance as the dispute of the full jurisdiction. The Act on Administrative Disputes, which has been effective since the beginning of 2012, comprises the European standards to which the Republic of Croatia became obliged upon the accession to the Convention on the Protection of Human Rights and Fundamental Freedoms, including the accompanying protocols. Accordingly, the provision of the rights to the prosecutors, implemented in the right to the access to the court, the purpose of the reform of the administrative dispute of the first instance as the dispute of full jurisdiction has thus been fulfilled.
The Act on Administrative Disputes, which was the result of the comprehensive reform of administrative magistracy, became effective last year. The Act was created within the framework of the Twinning Project CARDS 2004 Support to More Efficient, Effective and Modern Functioning of the Administrative Court of the Republic of Croatia. The Act was passed in order to adjust to the European standards of the administrative magistracy, especially the compliance with the Art. 6. of the Convention on Protection of Human Rights and Fundamental Freedoms. One of the reasons why the Act on Administrative Disputes was passed in 2010 was the previous passing of the Act on General Administrative Procedure, which introduced a number of novelties into the Croatian legislation. These two Acts make up a certain unity.
Upon the accession of the Republic of Croatia in the European Union the Directive 2011/24/EU of the European Parliament and Council, passed on 9 March 2011, will be applied to the rights of the patients to the health insurance over the board. The above stated Directive determines the rules which ensure the availability of the safe and high-quality health protection in the EU member countries and initiate the mobility of patients according to the principles founded by the EU Court. The provisions of the Directive also support the improvement of the co-operation in the field of health insurance among member countries, respecting the responsibility of the member countries to determine the compensation (prices) for health and social insurance. Besides, the Directive determines and ensures the organization and provision of health insurance and medical treatment, including the conditions for determination of the compensation of social insurance, especially in the case of illness.
The author of the article presents an overview of the new insentive measures for 2013, which are to be granted by the Ministry of Entrepreneurship and Crafts of the Republic of Croatia through public tenders for the projects based on non-refundable subsidies for the interested economic entities in the Republic of Croatia. The author analyzes the issues regarding the grants of the non-refundable subsidies within the Plan for supporting the entrepreneurship and crafts businesses in 2013, called the Entrepreneural Impulse, aimed at the economic entities in the Republic of Croatia.
During the proceedings in competition law cases the situations sometimes occur which cause the risk of serious and irreparable damage to competition and thus, require urgent action. In order to prevent such serious and irreparable damages competition authorities have the power to impose interim measures in the on-going competition proceedings. The interim measures are imposed on the basis of a prima facie finding of infringement of competition rules and when the irreparable damage cannot be remedied by the final decision at the conclusion of the proceeding. The purpose of this paper is to explain definition and legal regime for interim measures in competition law, competences for adoption of decisions on interim measures. Furthermore, the article will present the types and duration of interim measures as well as the types of competition infrignments in which they are mostly applied. In the continuation relevant examples from the EU case law, European Commission, EU Courts, national competition authorities and national courts are presented. Finally, the article analyzes the provisions of the Croatian Competition Act and presents several examples of decisions on interim measures imposed by the Croatian Competition Agency.
The article analyzes the term of late payment presented in the Directive 2011/7/EU on combating late payment in commercial transactions and the legal consequences of late payment stated in the provisions of the Directive. One of the goals of the article is to determine the meaning of the specific provisions of the Directive through the analyisis of the terminology, grammar, system and teleology. Another goal of the article is to estimate to which extent the operational aim of the Directive can be realized: provision of collateral to creditors, which will enable them to completely and effectively exercise their rights in the case of late payments.
