Own shares are such a type of shares which belong to the share holding company either since the time they were issued (original acquiring) or have been acquired by the company later (derivative acquiring). They do not represent a specific group of shares. These are the shares issued by the company which is their holder. The acquiring of own shares or their receipt as a security is in principle not forbidden. However, their acquiring is complex comprising some exceptions when it is permitted. If the company were allowed to freely buy the above stated shares, this would mean a hidden pay-back of shares to the share holders, which would reduce the share capital. From the economic point of view the acquiring of own shares is a pay-back of a share. According to the latest amendments of the Company Act the acquiring of own shares is far more difficult compared to the previous legal provisions in order to protect the interests and sometimes the survival of the company and to protect the other share holders. The issue of acquiring of own shares has been complied with the Guideline 2006/68/EC from 6 September 2006, having changed the Guideline 77/91 or the so-called Second Guideline. The Croatian law has thus been complied with the EU law in this field too.
In the Republic of Croatia there are no regulations neither legal documents which would uniquely determine the issue of the evaluation of real estate values. Such a fact implies that the evaluation of real estate values depends on business practice which continually develops and shapes this segment. The author of this article presents a detailed analysis of price determination as an important element of a sales contract or a construction contract and deals with the main methods of the evaluation of real estate values. In the conclusion it is stressed that a specific regulation (act or some other legal document like a rulebook or a provision) would in a certain way provide to the estimator easier estimating since there would exist a firm basis for the evaluation of real estate values.
According to the Flat Rental Act there are two kinds of tenancy relationships – regular tenancy relationship and protected tenancy relationship. The regular tenancy relationship has a characteristic of sub-standardisation, whereby the most of provisions refer to the protected tenancy relationship comprising a wide range of entities who exercise their rights to the protected tenancy according to various legal bases. The Flat Rental Act needs to be complied with the contemporary needs of Croatia, taking into consideration the basic principles and the corresponding provisions of the European and international law as well as legal and theoretical determination of tenancy relationship and the tendencies in the legislation of the European countries. Due to the need of adjustment to the European standards it would be useful to comply the existing Flat Rental Act, whereby the concepts of legal theory and the determination of tenancy relationship should be taken into consideration. A particular legal theory and theoretical concepts should be defined in view of the concrete Croatian needs and practical demands in everyday legal operations.
A hawk-eye is a system aimed at proper evaluation of sports results. The system was developed by Paul Hawkins and David Sherry. Later, the patent was transferred to the Hawk-Eye Innovations Ltd. – the British company with the headquarters in Winchester. The development of sports and various technical and other devices has resulted in more objective judgement of referees, especially due to the fact that the issues to be judged have become extremely complicated. In general, the need for new technical appliances to support a referee or even to replace him has become more important (in view of their nature not always in the same way and volume of effect). Such a trend is expected to continue.
The ownership of real estate can also be obtained according to the court decision. The real estate owner can exercise the right to protection of ownership by filing an ownership claim. The ownership claim is the individual right of the real estate owner to require the protection against violation of his/her ownership right by a certain person or to require the return of ownership of real estate from the third party. The ownership right according to the court decision is obtained in the moment when it has become final, which means that neither the handover of the real estate nor the entry into land register is needed. The Land Register Department of the Municipality Court will decide on justifiability of the claim for registration of the ownership right after determination whether the authorized court has made a decision according to which the claimant (the last real estate holder out of the land register) has obtained the real estate ownership night and whether the registration can be violated considering the situation of the land register, which means whether the real estate on which the ownership right has been obtained according to the court decision, has been entered into the land register.
Throughout history Croatia had in some periods a relatively high level of organisation in the financial segment. The authors who were dealing with the Croatian financial and legal issues in the past were Imbro Ignjatijević Tkalac, Ivan Luka Garanjanin, Đuro Pilar, Ivan Krstitelj Tkalčić. Among other things, the authors considered the tax aspects including assets and liabilities of organisations, no matter what their legal forms or names were.
When the Act on Regional Planning and Construction came into effect the two administration fields – regional planning and construction became regulated by one provision. This is the first time that the term planned construction land was used comprising the tight link between the documents on regional planning and the legal documents which provide the right to construction works. The adjustment of regional plans and their realisation represent a pre-condition for start-up of building construction. Such approach has resulted in some new problems the investors have to face. The way and the sequence of construction works has considerably changed compared to the legislation so far, which resulted in the lack of clarity among all the participants in the construction business. This article presents several provisions of the Act on Regional Planning and Construction which in a relatively short period caused much inconvenience among the investors and the clerks who issue the legal documents according to this Act.
The Act on Civil Servants and Employees ceased to be valid through the new Act on Civil Servants. The new Act is applied to civil servants, but in view of employees there is a duality in the civil service because the general provisions on work are applied to employees. The new Act on Civil Servants is not applied to the employees working in the units of local and regional governments. They namely still subject to the old Act. There is a question of the justifiability of the existence of two parallel acts for civil servants. However, the new Act with its provisions on increased responsibility of civil servants represents a step forward to the creation of the new modern and more professional civil service.
In automobile liability insurance the insured person (the third party) has the right to indemnity for damages. Although such a direct right is derived from the law, its legal basis (causa proxima) is a harmful action as the fact referring to obtaining of the individual right to indemnity of damages. The direct right strengthens the position of the injured party because it makes the procedure of indemnity of damages easier and quicker on the one hand and on the other it makes the right to indemnity of damages independent on the legal relationship between the insurer and the injured party. The direct right has two forms. The first form is an informal claim for indemnity of damages which is filed to the insurer who processes it according to their own rules within the period regulated by the law. The second form is a lawsuit at the authorized court claiming for indemnity of damages. This is usually applied when the injured party is not satisfied with the decision made by the insurer whether regarding the amount of indemnity or the too long period of processing the decision. However, the court proceedings additionally worsen the position of the injured party since they are expensive and last for a long time, which is contrary to the sense of existence of the direct right of the injured parties as an efficient and fast way of exercising their rights.
This article deals with stimulation of employees and states the most important elements of legal documents which regulate this issue including the plan of stimulation of employees. It should principally be regulated by some company by-laws, periodically determined by the employment plan and directly realised according to the specific legal documents, through which, referring to the previously stated decision, the policy of stimulation in accordance with the business goals of the employer will be conducted. Taking into consideration the salaries it can be concluded that the issue of marketable securities of a company requires annual changes depending on the company’s profit and alteration of the number of employees.
The author of the article gives short replies to the questions referring to the Internet, such as what a world wide web is or what the Internet address is and especially analyses the topic of acquiring and protection of the Internet domain in the Republic of Croatia. The author also points to the legal issue arising in the situation when a certain company cannot use the name of its company neither its seal as the Internet address because someone else has already registered such an address. There is the question whether the seal or company owner can forbid to other person to use his/her distinguishing marks as the address of this person. The author stresses the fact that such situations and the protection have become additionally complicated because there is no unique registration procedure in the world neither the unique body that would make a decision on such issues. However, in the Republic of Croatia the Rulebook on Organisation and Principles of Operating of hr Internet Domain came into effect on 20 December 2000. This Rulebook defines 6 types of domains, their purpose, the shape and qualified claimants – domain users, the basic elements of the domain registration as well as the rights and obligations of the domain users and interested parties.
Fiskalna decentralizacija je dugotrajan i složen proces čiju dinamiku uvjetuje niz čimbenika. Sam proces decentralizacije funkcija je od iznimnog značenja u sklopu reforme lokalne i područne (regionalne) samouprave kao trajnijeg, vrlo zahtjevnog i složenog procesa. Proces fiskalne decentralizacije načelno podrazumijeva selektivan, osmišljen i financijski potkrijepljen prijenos poslova, nadležnosti i ovlasti s državne, dakle središnje vlasti na jedinice lokalne i područne (regionalne) samouprave kao nositelje vlasti na lokalnoj razini u Republici Hrvatskoj. Svrha te decentralizacije je davanje potpune ovlasti i odgovornosti za donošenje odluka u pogledu financiranja, upravljanja i izvršavanja poslova nižim razinama vlasti, pri čemu u odnosu na prenesene poslove lokalna razina djeluje slobodno i u svom lokalnom interesu. U ovom članku autori detaljno pojašnjavaju pitanja vezana za problem fiskalne decentralizacije i teritorijalnog izravnanja u RH.
Opis fiskalne decentralizacije u Republici Hrvatskoj
Fiskalno izravnanje
Zaključak
Autori: Tomislav ŠIMIĆ, dipl. iur. Ante NOVOKMET, dipl. iur.
At the beginning of 2005 the Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI) came into effect. Due to the fact that Croatia accepted this Convention through ratification, it is obliged to implement its decisions into the Croatian legislation. The compliance of the international norms with the national law has been customary in maritime law for a long time. From the legal and theoretical point of view the provisions of the Convention are interesting and principally acceptable including some corrections for sea navigation. The specific characteristic of the Convention is the fact that it tries to find solutions through compromise, especially referring to the responsibility of carriers. The compromise includes the provision of mutual concessions of contemporary responsibility postulates from the international maritime and land responsibility for carriage of goods.
