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SUPERVISORY BOARD OF SHARE HOLDING COMPANY – LEGAL AND PRACTICAL DETERMINATION

pip - 9.2011, str. 3
A share holding company operates through its organs – the management board, the supervisory board and the general assembly. These organs represent a whole in view of their function and organization. The supervisory board of a share holding company is an obligatory organ of such a company according to the dualistic organisation of the organs in share holding companies. In view of its function the supervisory board represents the obligatory form of supervision within the company. Its cancellation is not allowed by neither the company’s by-laws, nor by the decision of the general assembly. The supervisory board is also the main supervisory body within the company. Although its primary function is supervision of the company’s operations, it has a wide spectrum of activities within a share holding company, such as control, strategy and other corresponding tasks. The efficient realization of these tasks enable the legal and efficient performance of the company

AGREEMENTS BETWEEN TRAVEL AGENTS AND SERVICE PROVIDERS – TRAVEL AGENT AGREEMENT ON HOTEL SERVICES

pip - 9.2011, str. 16
According to the travel agent agreement on hotel services the hotelier is obliged upon request of the travel agent, to provide to its clients (service beneficiaries) accommodation, food and other services according to the contracted prices and to pay to the travel agent a commission, whereas the travel agent is obliged to pay for the rendered services. If the services are paid directly by the service beneficiary, the travel agent is obliged to issue a voucher. The travel agent agreement on hotel services is signed by the travel agent on behalf of the client. In relation to the hotelier the travel agent acts as a trustee, who on behalf of the client signs the agreement on the particular hotel service. In relation to the client the travel agent signs the mediating agreement on travel in the case when the travel agent acts on behalf and on the account of the guest, although other combinations are also possible. In the case when the agreement signed between the travel agent and the hotelier corresponds in view of its contents to the agreement on hotel services, the fact that it is not signed personally by the guest but by the travel agent does not change its legal nature. Accordingly, if there are no specifics, the legal nature of the travel agent agreement on hotel services also refers to the direct agreement on hotel services. There are two types of the travel agent agreement on hotel services: for individual guests and for the group of guests.

REVIEW OF PROVISIONS OF ACT ON SERVICES

pip - 9.2011, str. 31
The Act on Services enables the EU companies engaged in provisions of services to start their business operations i.e. provision of various services in the Republic of Croatia, after its accession to the EU, without complicated and long-lasting legal procedures. This also refers to the Croatian companies which provide certain services and which may operate in any EU country when Croatia enters the European Union without being forced to previously. register their hadquarters or branch office.

COLLECTIVE NEGOTIATIONS IN CASE OF LARGER NUMBER OF TRADE UNIONS (PART 1)

pip - 9.2011, str. 37
The author of the article analyzes the norms of collective negotiations determined by the provisions of the Labour Act, including some practical issues applied in the Republic of Croatia. The article explains the relationship among the trade union board members participating in negotiations and signing of the collective agreement, the position of the trade union board authorized for negotiations, the representative of all trade unions in negotiations and the issue regarding the relationship between the trade union board authorized for negotiations and the parties in the collective agreement in the case of signing the changes and annexes to the collective agreement.

DECISIONS MADE BY COURT OF SECOND INSTANCE REGARDING APPEAL AGAINST VERDICT

pip - 9.2011, str. 42
The appeal represents a general and basic legal remedy, which is regular, devolutive, two-sided and independent. In view of the decisions made by the court of the second instance regarding the appeal against a certain verdict, the most important changes in the Act on the Amendments to the Act on Civil Procedure refer to the decisions made by the court of the first instance. In such a context, the authors of the article think that the limitation of the number of the cancelled decisions would force the court of the second instance to conduct the main hearing, at which it would determine the facts crucial for decision-making, which would result in the confirmation or the change of the verdict made by the court of the first instance. In such a way the number of changed decisions would be increased, whereas the number of the cancelled decisions returned to the court of the first instance would be decreased, resulting finally in the reduced number of court cases. The vast number of court cases and the unjustified duration of court procedures represent the crucial issue of the Croatian legislation, which will have to be solved in order to close the Chapter 23 – Legislation and Basic Rights, being one of 35 chapters to be closed in the pre-accession period of Croatia entering the European Union.

REGISTRATION OF PROPERTY RIGHT TO TOURIST LAND INTO LAND REGISTER

pip - 9.2011, str. 49
The author or the article writes about the registration of property right to real estate which represents the so-called tourist land into land registers and compares this with the situation before the Act on Tourist Land was passed.

NEW PROVISIONS IN ACT ON CRIMINAL PROCEDURE FROM JULY 2011

pip - 9.2011, str. 55
The Act on Criminal Procedure was passed in 2008 and became partially effective on 1 January 2009. For the needs of the USKOK cases the Act introduced on 1 July 2009 a limited accusation model and investigation by the state attorney which is controlled by the judge in the procedure only. The new provisions from July 2011 changed the issues such as authority, detention, pretrial detention, defender, hearing, presentation of evidence, which proved to be insufficiently defined in the practice, since the above stated Act has been in use by USKOK for two years already.

LEGAL STATUS OF UNCLASSIFIED ROADS

pip - 9.2011, str. 64
The unclassified roads are used for traffic of veihcles. They can be used by every person freely in the way and according to the legal regulations and they are not classified as public roads. The new Act on Roads finally determined the issue of the legal status of unclassified roads. The Act on Local and Regional Governments contains the provisions according to which large towns and cities are obliged to maintain the public roads. Accordingly, the new Act on Roads put the above stated provisions into operation. In such a way the management of the road infrastructure has been de-centrelized. The determination of the unclassified roads as a public property for general use owned by the units of the local government on the area of which is the road, has solved the confusing legal situation regarding the legal status of unclassified roads so far. Besides, the Act on Roads determines the constituent parts of unclassified roads and the way of their registration into land registers and cadastars.

EXEMPTION FROM PAYMENT OF ANNUAL COMPENSATION AND ROAD TOLLS FOR DISABLED PERSONS

pip - 9.2011, str. 68
Similar the the Act on Public Roads the new Act on Roads determines the right of the persons with 80% disability or more, or the persons who have 60% or more disabled lower limbs, not to pay the annual compensation for use of the public roads for one personal vehicle owned by them or used by them according to the lease contract. Besides the persons with 80% or more disability of lower limbs and the Croatian war veterans with 100% disability, the persons with 100% visual impairment, i.e. the blind persons have the right to exemption from payment of road tolls for one personal vehicle owned by them or used by them according to the lease contract.

SOCIETAS PRIVATA EUROPAEA (SPE): EUROPEAN SOLUTION FOR SMALL AND MIDDLE-SIZED BUSINESSES

pip - 9.2011, str. 70
The establishment and development of the unique market was one of the key goals set by the member countries of the European Economic Community (predecessor of the today’s European Union) upon estiblishing this European integration according to the Rome Agreement in 1957. However, in order to realize such a goal it is necessary to remove the obstacles regarding the free movement of people, goods, services and capital among the member countries and to comply the regulations of the national legislation, which should result in the proper functioning of the unique market. On 25 June 2008 the European Commission published the Commission Proposal for a Council Regulation on the Statute for a European Private Company, COM(2008)396 final (June 25, 2008) (lat. Societas Privata Europaea, SPE). The creation of such a new statute represents a part of the Action Plan for Modernising Company Law and Enhancing Corporate Governance in the European Union iz 2003 and Small Business Act for Europe (SBA) aimed at enabling easier operations of small and middle-sized businesses on the unique European market and improving their performance on the market.

Domaća sudska praksa

pip - 9.2011, str. 127

Inozemna sudska praksa i stajališta

pip - 9.2011, str. 140

Pitanja i odgovori

pip - 9.2011, str. 146

Pregled novih propisa

pip - 9.2011, str. 149
Pretplatnik
Zakon o trgovačkim društvima  (1)