Cash liabilities have their own value that is associated with the net (purchasing) value of the monetary unit in which they are recorded. In view of obligatory relations that are permanent or when cash liabilities are settled gradually through the medium or long term from the time they arose until their settlement, the real (purchasing) value of cash can be changed. In order to protect the creditor’s claims, saving clauses are contracted, especially the foreign currency clause, which is aimed to protect its real value and the basic principles of the law of obligations. Presenting the example of contracting a foreign currency clause in the Republic of Croatia, this article analyzes the issue of foreign exchange risk from the creditor’s and the debtor’s point of view. This paper discusses the currency risk and the extent to which it is borne by the debtor. The article discusses the distinction between the currency of settlement and the currency stated in the contract (value) with an emphasis on the question as to which currency in the Republic of Croatia reads monetary obligation that is secured by a currency clause. In the court practice, namely, there are different viewpoints regarding this issue.
In this article the author analyzes a court case regarding the claim for repayment of debt and the nullification of the loan agreement, which was pronounced final in favour of usurers (the plaintiff). Controversial is the application of the substantive law by the courts of the first and the second instance, due to the fact that in author’s opinion the relevant legal provisions in this case were not applied in a manner that guarantees the proper and lawful judicial decision, or a decision that will not be burdened with suspicion in an inappropriate and arbitrary application of the regulations, which reasonably raises the question of exercising the right to a fair trial. From the viewpoint of the Constitutional Court, the interpretation of the applicable law in each individual case must not derive from its arbitrary application but must respect the requirements for the right to a fair trial.
The author explains the legal nature of managerial contracts, their contents and the essential elements of such contracts. The article also includes the issues of termination of managerial contracts and the managerial contract as a mixed contract, i.e. casus mixtus.
The author of the article presents a complete overview of the distraint procedure on cash receivables per invoice, which is carried out by the Financial Agency. This is a rather current topic and important for the practice. The article points to the new provisions of the Distraint Act regarding the distraint procedure carried out by the financial agency, which became effective in September 2014. It also discusses the problems in the distraint system by the Agency, which are the consequence of the nomotechnical errors in the contents of the new provisions, as well as the statistical indicators of (in)efficiency of the model of distraint procedure carried out by the Agency.
The German Federal Ministry of Finance (Bundesfinanzministerium) issued a publication called Income Tax and Tax on Wages (Einkommen- und Lohnsteuer) (2014 edition). For the purposes of the public it can be read on the Ministry’s website, free of charge and is not intended for sale. For the purposes of the Croatian public, the paper provides the translation of this publication.
The reverse effect of general enactments represents a serious problem due to the fact that such an application of legal norms undermines the certainty and predictability of the legal order. Therefore, the possibility of the reverse effect of general enactments subjects to numerous limitations and prohibitions. This specifically refers to the general enactments passed by the units of local and regional self-government. Considering the fact that in the Croatian tax law the number of general enactments with reverse effect is growing, this article deals with the reverse effect of the specific general enactments according to which municipalities and towns have introduced a surtax on income tax.
The author of the article analyzes a rather important institue of an increased salary, which is to be considered by each employer. The increased salary is considered a constituent part of the salary under the specific conditions determined by the Labour Act, which has established only the basics for recognizing the employees’ rights to an increased salary, whereas the criteria should be determined autonomously, such as in collective agreements, labour regulations and contracts on employment. The Labour Act does not contain any protective provisions regarding the lowest salary increase, either. Accordingly, a question arises to which amount (lowest limit) can the percentage of the salary increase be determined autonomously taking into consideration the legal provisions of the above stated Act.
The author of the article presents the legal regulations in sports in the Republic of Croatia and points to the fact that they are faced with a number of challenges. Taking into consideration the existing problems in sports, the author states and suggests the guidelines for re-organization of the financing system in sports, improvement of sports facilities and sports infrastructure and training of sports professionals.
The article analyzes the problem of efficiency of public administration. In this respect, the author emphasizes the importance of computerization as a necessary precondition for the effective operation of the public administration and provides an overview of the implementation of probation activities before the probation information system. The article also states the advantages of the probation information system. Finally, the author concludes that the ultimate goal of computerization of public administration is to provide access to and the provision of more efficient and more transparent services to citizens and public bodies.
The European Grouping of Territorial Cooperation (EGTC) is a new instrument of the European Union (established in 2006) which tries to create the illusion of the territory without borders and a unified Europe through strengthening of territorial cooperation. The participation in the EGTC is principally a continuation and institutionalization of some form of the existing cooperation, mostly in border areas. The border cooperation is a positive and active-product of national and cultural diversity. After the accession of Croatia to the European Union the counties, cities and municipalities in the Republic of Croatia can enter the existing EGTCs and have the possibility of establishing new ones based in the Republic of Croatia. This article presents the basic characteristics of this legal instrument in terms of legal personality, the applicable law governing the operation of EGTC, the establishment, members, documents governing the EGTC, goals, tasks, etc. Also, the purpose of this article is to point to the prospects for development of counties, cities and municipalities through the membership in the EGTC’s, including also the possible risks.