Tourism represents a part of the economy in which the social and economic needs for tourist recreation are satisfied through the creation and consumption of a tourist product. Due to the fact that such a topic is current since the tourist season has just begun, the article presents the basics of the direct contract on hotel services based on the relationship guest-hotel manager, the contract on travel organization and the mediation contract on travel. These contracts are fundamental for the relationship between the travel agent and the traveller (guest, client). The article also deals with the contracts between the travel agent and the hotel manager, which follow the above stated contracts and comprise the allocation contract and the agency contract on hotel services.
The regulations on the entry into land register and on the conversion of public property into private property are contained in the transitional and final provisions of the Act on Ownership and Other Proprietary Rights. However, in practice there are still problems in the processes of transformation of social ownership. The dual system of property records kept by the competent cadastral offices and by the land register courts represents problems due to their mutual incompatibility. The started processes of alignment of the relevant data are still inefficient, which slows down the trading of real estate and their disposal in the Republic Croatia.
Autor: Dr. sc. Ljiljana MATUŠKO ANTONIĆ , dipl. iur.
The authors of the article present an overview of the Act on Employment Incentives, which became effective in May 2012. The Act determines the conditions for exercising the rights to reliefs of the employer when employing the unemployed persons without any working experience in the vocation for which they have been educated, the persons who have been permanently unemployed. This also comprises the possibility of the professional training without signing the contract on employment, regardless of the fact whether the professional examination or the working experience (determined by law or some other regulation) represent the condition for working on the post in a specific profession, including the use of the measures of the active employment policy. The above stated Act also determines the simpler way of employing seasonal workers for temporary jobs in agriculture.
Autori: Lucija TURKOVIĆ-JARŽA, dipl. oec. Ante VIDOVIĆ, dipl. iur.
This article analyzes the provisions of the Bankruptcy Act regarding the appointing, responsibilities and dismissal of the bankruptcy estate manager as the operating body of the bankruptcy procedure. It stresses the problems in practice observed during running of bankruptcy procedures. The main body of the bankruptcy procedure – the bankruptcy judge appoints and dismisses the bankruptcy estate manager under the conditions and terms determined by law.
When the Republic of Croatia becomes the member of the European Union on 1 July 2013, it will be obliged to follow the rules contained in the European Regulation on Insolvency Proceedings (Official Journal of the European Communities L 160/1 from 30. 06. 2000), i.e. the Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings. Such a Regulation actually represents the European Bankruptcy Act which is automatically applied to all the member countries without the need of ratification and its direct integration into the national legislation. Due to the fact that the above stated Act became effective on 31 May 2002, the Croatian commercial courts will be obliged to apply it directly. The article stresses this Directive.
The author of the article presents an overview of some decisions made by the recently established Administrative Court in Rijeka. The first part of the article comprises the decisions relevant for the administrative areas of tariffs, illegal constructions, preventive protection of cultural goods and utilities.
The article presents an overview of the obligations of judges to submit the data on their property in the property cards, compared to the same obligations of other state officials. The obligation of the judges according to the new Rulebook on Property Card is compared to the obligation determined by the valid regulations until the new Rulebook becomes effective. The article states the elements of the property card and the sanctions in the case of not following the provisions of the Rulebook and compares them with the sanctions for other state officials. The author also analyzes the most important provisions of the Act on Prevention of Conflict of Interests.
The author of the article comments on a court decision and discusses the issues related to the war damage caused by the action of the members of the military and paramilitary troops on the temporarily occupied Croatian territory. From his point of view the war damage represents also the damage caused by the conduct of war, in which case it did not occur during the time and on the territory where the war operations were in process.
The organizer of a sports event may be faced with many demands for compensation for the damage suffered by various injured persons during a sports event: the visitors (spectators) of the sports event, the participants themselves, but also some third persons. In that case, the liability insurance contract coverage provides the organizer of the sports event with protection from paying damages to injured persons. The paper shows who can be a legitimate holder of a liability insurance contract for the organizers of sports events, and who can occur in the position of the injured person (due to their right to the direct action against the insurer). In addition, the paper deals with the insured risk in this type of insurance contract, possible exclusions from the insurance coverage, and the insured event, including the moment of its occurrence.
The statutory definition of parental care refers primarily to the parents of the child who are living together in a marriage or cohabitation. However, parental care is also regarded as common in the case when there is no parent community life, be it divorce, broken cohabitation or in the case when the parent community life has never even established. The author of the article provides the explanations of certain doubts which arise in the practice regarding the above stated issues.
The author of this article presents the issues of the professional contracts of athletes and includes the sample of such a contract. Accordingly, the participation in sports events is regarded as professional if an athlete - the participant has signed a professional contract or a contract on employment with a sports club or if an athlete solely performs a sporting activity of participating in sports competitions. However, the elaboration of these topics does not cover all the elements of the contractual relationship between professional athletes and clubs or a company, taking into consideration their disposability, the specifics of certain types of sport, as well as all the existing options of the parties. This article does not include the contractual relationships between athletes and agents or managers, who are nevertheless inevitably present in almost every type of sports particularly regarding those of professional athletes.
Through the examples of the cases presented in this article, the author analyzes the principle of procedural law which ensures the equality of the parties in court proceedings - the principle of equality of arms - as an integral part of the right to a fair trial, guaranteed by the Article 6.1. of the European Convention for the Protection of Human Rights. Since the topic of the article was initiated by the decision of the European Court regarding a specific case of the Croatian justice system, in which the Croatian courts (Administrative Court and Constitutional Court) decided on the legality and constitutionality of the dismissal of civil service positions, and the equal procedural rights of the parties in this procedure, the principle of equality of arms is observed from the practical aspects. The article also provides a short overview of the practice of the Constitutional Court regarding the application of the principle of equality of arms.
