The institute of a floating charge is contained in the Law on the Register of the Court and Notarial Insurances of the Creditors’ Claims on Movable Objects Rights, which has been applied for more than a year. Namely, as the lien is registered into the register, the third persons in the most of foreign legal systems take from it the information that the lien or the lien similar law is founded on that object. Due to that, the registration of that lien into the register achieves necessary publicity functions. With the adoption of the Law, the issue of the lien publicity function is resolved without the handover of the possession. Up till now, the role has belonged to advertising in the official gazette Narodne Novine as voluntary liens and transfers of the ownership on movable property before the court or a notary public were published in that way. There was often not enough data in the contents of those advertisements to enable the third parties to obtain a complete picture of the scope of the lien or fiduciary insurance, so the construction of a complete system of the survey of advertisements that would help creditors with the decision-making on granting the credits, failed.
The lasts amendments of the Law on Execution changed greatly the provision on real property value ascertaining with the execution for purpose of the settlement of real property claims. For instance, for some of them, it has been left to the court to establish the value of real property at its own free will, and the provisions on compulsory holding of the hearing have also been changed. The potential problems are emphasized, that can appear in judicial practice due to general nature of the data of a competent tax administration concerning the status of real property market; i.e. the data representing the average values of housing, or some other space (dependent on the type of real property) at a certain town or place, while they do not distinguish the value of real property with regard to the time of construction, position etc. The author analyses the introduction of the real property register at the Croatian Chamber of Commerce, that would enable the Internet access of the public to the data on real property to be the subject of auctions during execution procedures, what would enable so the interested buyers to obtain a realistic market price of a real property in execution procedure, what is essential for the protection of the interest of the execution creditor, and the execution debtor as well.
The power of attorney is an authorization for representation granted by the authorizer to the authorized person, which can be a natural or a legal subject. According to the law, the form of a letter of attorney shall be the form prescribed for a contract or another legal transaction for which the letter of attorney is issued. The authorized person can undertake only those legal actions for the undertaking of which he/she is authorized. An authorized person can undertake a transaction that is not a part of ordinary operations only if he/she is especially authorized for undertaking such a job, or the type of jobs to which it belongs. An authorizer can, at the own will, reduce the power of attorney or recall it in spite of his contractually renounced right to that. It is emphasized in the conclusion that the power of attorney is terminated with the termination of a legal person as an authorized person unless otherwise prescribed by law. It can be also terminated with the death of the authorized person. At the other side, a power of attorney terminates with the termination of a legal person or with the death of a person to have granted it unless the started transaction can be stopped without a damage to his legal successors or if the power of attorney is valid even in case of a death of its grantor (at his will or with respect to a legal nature of a transaction).
In this article, the author presents a decision of the Constitutional Court of the Republic of Croatia which is interesting and specific as the Constitutional Court established a certain amount of the compensation to be awarded due to the violated right on a trial within a reasonable period of time. Generally speaking, the Constitutional Court, based on a submitted constitutional complaint, ascertains a suitable pecuniary compensation to the applicant due to the violation of his/her constitutional right committed by some other court, omitting to decide within a reasonable period of time on the applicant’s rights and liabilities. The constitutional right concerned is the right of each individual to have a decision, within a reasonable period of time, on his/her rights and liabilities, or on the suspicion or a charge due to a criminal act.
The new Leasing Act that, except for certain provisions, came into force at the end of the last year regulates, among other things, also the institute of a leasing contract. That is an obligation-law document between two parties (a lessor and a lessee) where a lessor assumes obligation to provide for a leasing object from the object’s supplier and to grant the lessee the right of using the object during certain period of time, and the latter assumes obligation to pay him certain compensation for that. With respect to a leasing contract, it is to point out that the legislator has not brought anything new with the Leasing act, nor resolved any dilemmas what was to be expected, nor regulated the contract more in detail and in a more qualitative way; but burdened the text of the Law with administrative law provisions, although the main part of the provisions were already contained in the Companies’ Act and the Consumer Protection Act.
The essence of the topic is in extending the time of the delay of confidence protection on land register books until 1 January 2010; the period during which the land register books will actually not fulfil their most important function; to provide for the protection of those who bona fide, with confidence in the completeness and authenticity of the land books, acquire the proprietary rights on real property. During that time, the trading in real property will not be reliable to all its participants. The fact that the state, in which nobody will be sure whether he really acquired the right on real property that cannot be denied by anybody, and how much real property is burdened, will last for five more years, what can considerably influence the slow down of legal transactions in real property trading.
Human resources are the concept introduced in USA at the beginning of the twentieth, in the last century and since than it has been included into global use. That institute points to proactive labour policy and procedures of planning, follow-up and supervision of employees’ work, expressing, with it, changed attitudes to the employees. People are no more looked at as the capital, realizing additional value and reflecting the owners’ economic interest in profit acquiring; people are more and more understood to be somewhat more than a mere production factor, having the own needs and feelings which are not easily replaceable like the parts of machines. The approach to people obtains ever more complex and more humane dimension, having achieved a cognition that the performance of the employees does not depend only on their wage amounts and other material conditions, but also on their mutual relationships and the relationship with the superiors, the labour environment, etc.
The right of acquisition by prescription is one of the original ways of property acquisition, by means of which the property is acquired by possession of an object or a right during a law-prescribed period of time. The right of an acquirer therefore does not arise from the right of an ancestor but based on the possession of objects (real property) during law-prescribed time and independently on the property rights owned by a predecessor on the object (real property). The institute of acquisition by prescription has, therefore, the purpose of removing disharmony between the factual and the real state i.e. the existing state is to be transformed into a legal state by law. Namely, if a possession of the objects is not unlawful, i.e. if a concrete existing situation meets certain, at least minimal, conditions for the recognition by a legal system, the owners of a certain thing will, applying this institute, after certain period of time, acquire the thing legally too, what is exceptionally important for legal security and legal turnover as a whole. The author, therefore, explains, in this article, the basic assumptions of acquiring property by prescription as a basis for more profound analysis of the issue which is met very often in practice and which is rather burdening to the legal system.
Based on the Law on Excise Duties on Petroleum Products, the Regulation on the Rate of Petroleum Products Excise Duties has been adopted, which has become effective a few days ago. With regard to the increase of the prices of crude oil in the world market, and consequentially, the increase of retail prices for propulsion fuels, the rates of the excise tax on gasoline (BMB-98, BMB-95, BMB-91) are reduced; and also for other types of lead-free gasoline regardless of the octane rating and commercial names, from HRK 1.90 to HRK 1.65 for a litre. For other petroleum products, the rate of excises remains unchanged.
Legal issues of consumer protection include the important areas of civil law regarding the liability for damages. It is lex specialis applicable to physical persons who have suffered harm due to a defective product. The only property to be compensated is the one caused by death, corporal injury or damage to objects, but the injured party is always a physical person. Having regulated these issues in European law, the Directive 374 of 1985 aimed to reinforce the legal position of the injured consumer by making it easier to prove the defendant’s guilt. This has been carried to effect by the introduction of the objective liability for damages, liability without guilt, for which the criteria were established by the American judicature as the legal criteria of strict liability in the early 1960’s. New regulations of the Law of Obligations represent a step forward towards the injured party of a consumer. The differences between contractual and non-contractual obligations for damages from the viewpoint of the injured party have been abolished. Although the Directive 374, and the innovations contained in the Law of Obligations start with liability without guilt, it cannot be concluded from all the applicable laws and their interpretation that it is an absolute principle of a per se causality although such liability can be taken into account. If any reason for the exclusion or limitation of liability is referred to, there is a possibility to be exempted from liability, which is based on the principles of presumed guilt, since the burden of evidence lies with the producer.
EU supports a publicly proclaimed principle of increased world developmental aid granted by richer states to the underdeveloped ones. In order to achieve it, additional resources should be provided for it. Among all the proposals appearing in public, the most promising looks to be the introduction of especial fees to burden air tickets. With it, two options are principally possible: first, the Member States independently decide on the introduction of the excise duty that has been previously established at the level of EU. If they introduce such an excise duty, the obligation of its payment obliges all the travellers taking flights from the airports at the territory of a state to have introduced the excise. Secondly, the Member States introduce the fee on air tickets for the payment of which travellers decide voluntarily. Contrary to the first case, when the law explicitly prescribes the liability of excise on air tickets, at the second case, the question is of a kind of contribution, the possibility offered to travellers, and the final decision on the payment of that contribution payment is on the very travellers. As the implementation of such measures requests a strong political initiative, not only under auspices of EU, but a lot wider, under the auspices of UN, it is for present but a theoretical consideration to be possibly realized in the future to come.
Autori: Doc. dr. sc. Nikola MIJATOVIĆ Marijana PUŠIĆ
Ocjenjivanje rada i učinkovitosti državnih službenika
Zapošljavanje stipendista Vlade RH po završetku jednogodišnjih europskih poslijediplomskih studija u inozemstvu i usklađivanje postupka odabira kandidata za poslijediplomske europske studije za ak. god. 2007/2008.
Suglasnost za raspisivanje natječaja za prijam u državnu službu
Javnim korištenjem autorskog djela smatra se svako korištenje tog djela koje je pristupačno javnosti, ili korištenje u prostoru koji je pristupačan pripadnicima javnosti
Zabranjeno je izvan područja kampa postavljanje opreme za kampiranje u svrhu kampiranja - neovisno o tome kampira li se na vlastitom zemljištu
Pružatelj usluge noćenja gostima u svom objektu dužan je u roku od 24 sata prijaviti njihov boravak
Čini prekršaj prijevoznik koji radi otpreme utovari životinje bez prethodno obavljenog obveznog veterinarsko-zdravstvenog pregleda
Ako po zakonu nije dopuštena, žalba će se odbaciti rješenjem
Odlučivanje o imovinskopravnom zahtjevu o osnovi i visini imovinskopravnog zahtjeva u kaznenom postupku odlučuje se po prijedlogu oštećenika koji se može uputiti u parnicu kad sud zaključi da nema dovoljno podataka za dosuđivanje tog zahtjeva
Squeeze-out (istiskivanje malih dioničara): odluka o prijenosu nije ništetna zbog neuredne jamstvene izjave u pogledu otpremnine u gotovini
Cash-Pool-Management i načelo očuvanja kapitala kod ovisnog d.o.o.-a
Dopuštenost imenovanja upravitelja uz raskidni uvjet - opoziv imenovanja u slučaju da imenovani od jednog vremenski određenog trenutka ne stavi društvu na raspolaganje svu svoju radnu snagu
Savjetovanje radničkog vijeća mora se održati i kod dogovorenog otkaza - nije riječ se o prividnom pravnom poslu prema § 117. Općeg građanskog zakonika
Zaštita majčinstva - posebna zaštita od otkaza nakon medicinski indiciranog izazivanja poroda