The article, which is the second part of the above stated title, deals with the statute of limitations of the rights, the deadlock of the statute of limitations, the cease of the statute of limitations, the situation when the creditor tries at the court to obtain his/her rights, due to which the statute of limitations became effective and the issues of realization of the obsolete claim by the creditor for which a debenture was issued. The above stated topics are analysed from the viewpoints of the legal theory and the legal practice. Accordingly, the article contains a number of examples of the court practice, which present the opinions of the specific legal solutions. The article also analyses the relationship of the regulations on the statute of limitations according to the Act on the Statute of Limitations and the other fields of law, which also have their own provisions on the statute of limitations. The author points to the possibility to subsidiary apply certain provisions of the Act on the Statute of Limitations out of the field of the law on obligations. This especially refers to the possibility of their subsidiary application in the context of the regulations of the General Taxation Act.
The article presents the case from the court practice in which a disputable issue arose whether the contract on settlement, according to which the regular and default interest rates on the capital amount of the protested state guarantees are to be written off to the debtor in the area of a special state care, due to the fact that it collides with the forced regulations, except in the case when the settlement includes writing off of the capital amount, as well. The article presents the arguments, according to which such a contract is not invalid.
The author of the article analyzes in an interesting and transparent way some important issues regarding the taxation-law relationship (the relationship between the tax body and the tax payer comprising their rights and obligations in the taxation procedure) and the taxation-debtor relationship (a part of the taxation law relationship in which the taxation-debtor participants realize their rights and obligations; the participants of this relationship are the tax body, the tax debtor and the tax guarantor), all in view of the recent relevant Amendments to the General Taxation Act, which became effective in the first half of this year.
The author of the article presents in an interesting and detailed way the institute of tax inspection as one of the forms of administrative i.e. inspection control. Actually, tax inspection is a part of the taxation-law relationship in which the corresponding body carries out the procedure in order to check-up and determine the facts which are relevant for taxation of tax payers and other persons. It should be taken into account that tax inspection may be performed by tax auditors, tax inspectors and other civil servants authorized for tax inspection.
The article presents in detail four issues regarding presenting the evidence and proves in the reformed administrative proceedings: maxims of proof in the administrative procedure and administrative proceedings; realization of the standards of the so-called equality of arms in the administrative proceedings; the burden of presenting the evidence in the administrative procedure and administrative proceedings and the instruments of concentration of presenting the evidence in the administrative proceedings.
The intention of this article is to show the public procurement of legal services de lege lata, the process which is due to its nature principally easier than other types of procurement. The topic of this article are the new substantive provisions of the Directive on public procurement (Directive 2014/24 / EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18 / EEC and Directive 2014/25 / EC of the European Parliament and of the Council of 26 February 2014 on the procurement of entities operating in the water, energy, transport and postal services and repealing the Directive 2004/17 / EC). Accordingly, the article analyzes the procurement of legal services de lege ferenda, due to the obligation to implement these directives in the Croatian legislation.
The right to the access to court is the right guaranteed by the international agreements (European Convention for the Protection of Human Rights and Fundamental Freedoms) and the national regulations (the Constitution of the Republic of Croatia). The author of the article presents the issue of violation of the right to the access to the court due to the rejection of the audit ratione valoris. The author of the article analyzes the verdict of the European Court for Human Rights Egić v. Croatia and presents an overview of the complete procedure regarding this case at the courts in Croatia and at the European Court for Human Rights.
The authors of the article present the regulations regarding wind farms in the Croatia’s legal system. Starting with the definition of the term and the corresponding analysis, the article determines a windmill plant as the object of the legal relation, followed by the possible legal regimes in which windmill plants may be regulated within the Croatia’s law. Accordingly, the article analyses the institutes of usability, construction rights, concession and lease, including the characteristics of a windmill plant and a critical approach to the arguments for and against institutional solutions. The possible legal regulations should specifically consider the status of the pledgee who ensures his/her claims by the lien on the windmill plant, as well as the need to provide the highest possible security. Finally, the article points to the insufficient legal determinations of the windmill plants in Croatia and presents the guidelines which could determine de lege ferenda and solve this issue in the corresponding and legally safe way.
The author of the article analyses the application of the legal regulations on the state subsidies in the case of financing traffic infrastructure and presents the practice of the European Union Court and the Croatian Competition Agency. The article points out the importance of knowing the regulations regarding the state subsidies and the practice of the European Union Court, which is important at the very beginning of preparation of the infrastructure projects, in order to avoid substantial risks, which may arise in the further phase of the project due to the misinterpretation of such regulations.
The author of the article presents a specific and important institute of distraint, the so-called resumed distraint, which is determined by the provisions of the Distraint Act. Despite a number of amendments, the resumed distraint through the change of the means and the object of distraint has retained its basic goal and purpose – the efficiency of the distraint procedure, in order to realize the claim of the distrainor.
The author of the article analyses the provisions of the Act on Maternity Leave and Parental Leave Compensations, which is applied under the equal conditions to the parents in marriage and common law marriage and the persons who take care of the child and have the same rights as the above stated parents. Maternity leave and parental leave comprise the compensations for a certain period of time paid to the employed and self-employed parents during the use of the maternity leave or the parental leave. The right to the use of the maternity leave is obtained based on the report of the selected gynaecologist within the mandatory health insurance. The report should state the expected date of the child-birth and the date of the beginning of using the right to the obligatory maternity leave. Other rights are exercised on the basis of the ruling of the Health Insurance Fund according to the application made by the beneficiary.
