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Pravo i porezi

Mjesec:

Main Types of FIDIC Contracts and Settlement of Disputes

pip - 3.2014, str. 3

The article analyzes the provisions on settlement of disputes stated in the total of six (seven, including Preface) versions of the general conditions of performing construction works (in practice referred to as the Red Book and the Yellow Book) issued by the Federation of Consulting Engineers (FIDIC). The other provisions stated in other books are mostly similar to the presented ones, The Dispute Adjudication Board plays an important role as the special pre-arbitrage organ for settlement of disputes. This Board also deals with the issue of realization of the decisions and determines the preclusion deadline of 28 days, within which the contractor should make a claim for the additional payment or extension of the deadline. In the opposite case the contractor loses the right to his/her claims and the client is completely absolved of the responsibility for such claims.

Overview of New Leasing Act

pip - 3.2014, str. 15

The authors of this article present in an interesting and transparent way the most important provisions of the new Leasing Act, comprising the leasing deal and the contract on leasing. The new Leasing Act was passed at the end of 2013. It extended the leasing providers to physical persons engaged in economic activities and enabled to leasing providers to acquire the leased objects in other ways, not just through sales. The Act also includes the possibility to rent the leased object after expiration of the leasing contract. These new provisions enable a further development of such a way of financing an enterprise, especially nowadays when it is difficult to finance investment goods. Unfortunately, the dilemmas regarding the contract on leasing remained in the new Leasing Act due to the fact that the provisions are almost the same as in the old one.

Amendments to Act on Consumer Credit

pip - 3.2014, str. 23

The Act on Consumer Credit determines contracts on consumer crediting, the conditions and ways of providing the services of consumer crediting, as well as the obligations of creditors and credit mediators to consumers. Besides, the Act comprises the rules which determine consumers’ rights, such as the right to be informed on the procedure before signing the consumer credit and within its period of duration, the right to cancel the contract, the right to earlier repayment of the credit and other rights. Due to the fact that citizens/consumers are “weaker” contract parties, they are faced with a large number of problems in credit relations with creditors. Accordingly, the amendments to the above stated Act were necessary.

Violation of Personality Right

pip - 3.2014, str. 29

The author of the article explains the right to personality, determined by the provisions of the Art. 19. of the Act on Obligatory Relations, as well as the violation o such rights. The article specifically explains the objective concept of non-property damages, the violation of the personal right to physical health, the violation of the mental health due to death or disability of a close person, the right to difference and other related terms.

Obtaining Ownership Rights to Real Estate of Former Land Communities

pip - 3.2014, str. 34

According to the Act on Proclamation of Land and Similar Comunities and Krajina Property Municipalities as People’s Property, which became effetive on 19 April 1947, the beneficiaries of land communities were actually without any compensation deprived of the land, which was a part of their property based on their shares in the common ownership. The topic of this article is the issue of obtaining ownership rights of the lands of the former land comunities and Krajina property municipalities which are not comprised by the above stated Act, due to the fact that such lands did not become people’s property i.e. social propety, neither to the ownership rights to such a land based on adverse possession.

Journalists’ Right to Access to Information

pip - 3.2014, str. 41

The article analyzes the right of journalists to access to information (primarily in the public sector), especially the provision of the constitutional and conventional law, the act in the field of the rights to access to information, media, protection of personal data, protection of secrecy of data, as well as the access to the data, which is obtained according to the procedural acts and the autonomous self-regulation of journalists. Accordingly, the author of the article systematically presents the specifics of the Croatia’s legislation in the field of the (un)accessability to the information in the public sector, which follow from the special legal position of journalists. In general, the (un)accessability to the information in the public sector is determined by a number of regulations, which are not always harmonized.

Limitations of Making Complaint in Public Procurement Procedure

pip - 3.2014, str. 46

This article was initiated by the Decision made by the Constitutional Court of the Republic of Croatia. During the evaluation procedure of the compliance of the specific provisions of the Public Procurement Act with the Constitution of the Republic of Croatia it was determined that they are unconstitutional and were terminated. According to the viewpoint of the Constitutional Court of the Republic of Croatia these legal provisions limit the right to complaint in the public procurement procedure in the way which is not harmonized with the constitutional standards of limiting the rights guaranteed by the Constitution. The author of the article points to the fact that the right to complaint comprises the legal protection upon the realization of such rights, obligations and legal interests in the court proceedings, administrative procedure or any other procedure at the body with legal authority. The limitation of the right includes the existence of the objectively justifiable reasons stated by the law.

Draft of New Act on Associations

pip - 3.2014, str. 49

In view of the Draft of the new Act on Associations, the Ministry of Administration of the Republic of Croatia organized on the Internet the public councelling in the last year. As stated on the websites of the Ministry of Administration, the proposal of the new Act should initiate and result in the efficient operations of associations as legal persons and create the pre-conditions for the effective financing of the programmes and projects of the general interests conducted by the associations in the Republic of Croatia.

Damages Arising as Consequences of War Risks – Damages Excluded from Insurance

pip - 3.2014, str. 52

This article analyzes the issue of the damages arising from war risks as the damages excluded from the insurance through the prism of the standard conditions for insurance of vessels from navigation risks. It also deals with the analysis of the provisions of the relevant institute clauses and presents and overview of the provisions of the Croatian legislation regarding the exclusion of the damages caused due to the occurence of the war risk. Accordingly, the relevant provisions of the Act on Obligatory Relations, the Maritime Code and the Act on Mandatory Insurance in Traffic are specifically stressed. Taking into consideration the high significance of war risks i.e. enormous damages which can arise, this article points to the importance of insurance of such risks and presents the institute war clauses published for this purpose.

Current Issues on Volunteering

pip - 3.2014, str. 57

The article analyzes the institute of volunteering as performing certain activities with no charge, i.e. a volunteer work or professional training (as determined by certain regulations) in view of the Act on Volunteering, the Labour Act and the Act on Promotion of Employment, The mutual rights and obligations of volunteers, i.e. the persons engaged in professional training and employers are regulated depending on the legislation which refers to them. The provisions of the Labour Act regarding signing the contract on employment, the salary, the compensation of salary and termination of the contract on employment do not apply to volunteers. They subject to other provisions of the above stated Act and other labour regulations, e.g. the Act on Protection at Work.

Termination of Contract on Comercial Representation (Part 1)

pip - 3.2014, str. 66

A contract is terminated either by the fulfillment of all the clause all by the agreement of both parties. The provisions of the Croatian and European Comparative Law regarding the contract on commercial representation determine two ways of its termination. The first one refers to the contract signed for the indefinite period of time and the regular way of its termination. The contract signed for the indefinite period of time can be terminated when one contract party wishes to terminate it, under the obligation to take into consideration the termination period determined by the law or the contract. However, the contract signed for the definite period of time does not require a specific termination, due to the fact that it is terminated when the period for which it has been signed expires. The other way of termination of the contract is its cancellation, which represents an extraordinary measure due to some important reasons, regardless of the fact whether such a contract was signed for the definite or indefinite period of time. The author of the article explains the above stated issues in detail.

Provjeravanje državnih potpora (prijevod)

pip - 3.2014, str. 77

Autor ovim tekstom daje prijevod teksta koji govori o tome da Komisija Europske unije provjerava državne potpore određenih profesionalnih nogometnih klubova u Kraljevini Španjolskoj.

Election of Employees’ Representatives in Decision Body on Transnational European Level

pip - 3.2014, str. 78

On 10 October 2013 the Rulebook on the Procedure of Electing the Employees’ Representatives from the Republic of Croatia became effective. The purpose of the Rulebook is to enable employees to participate in decision-making on the transnational level. The Rulebook determines the procedure of electing employees’ representatives from the Republic of Croatia in the negotiation committee, the European Employees’ Council and the Employees Council of the European Community. The article also presents the decision-making bodies on the transnational (European) level in which employees’ representatives are elected.

Pretplatnik
Hrvatski računovodstveni sustav HSFI, MRS, MSFI i Tumačenja (1)