Inheritance law regulates the transfer of property and rights due to the death of a natural person (testator) to other persons (heirs) at the time of his or her death. The right of inheritance is regulated by the Inheritance Act, which also defines the rules of procedure of the court, other bodies and authorized persons in inheritance matters.
There are two basic types of inheritance: statutory and testamentary. Legal succession applies when there is no valid will. Testamentary succession is based on a will drawn up by the testator during his or her lifetime. Wills are kept by lawyers, notaries, at the court or persons who made the will, and the fact that the will has been drawn up and stored is recorded in the Croatian Register of Wills kept by the Croatian Chamber of Notaries.
The law recognizes several types of wills:
A will can be made by the testator independently if it is handwritten, other types (except oral) can be made by a lawyer, notary public or court.
If there is no will, legal succession according to the order of succession applies. There are four orders of succession:
Heirs of the immediate order of succession exclude persons of the further order of succession. The right of representation allows descendants to inherit in place of the deceased parent.
Things and rights that belonged to the deceased at the time of death are inherited. This includes real estate, movable property and rights. Items that cannot be inherited are those that are not transferable by their legal nature or by law.
Probate proceedings are conducted by the municipal court or by a notary public as a court commissioner. If someone disputes the will, the one who has the weaker right is referred to litigation. If you do not appear at the probate hearing or do not waive the inheritance by means of a certified statement, you are considered to agree to be an heir.
If there are no heirs or all of them renounce the inheritance, the estate consisting of real estate passes to the municipality or city in whose territory they are located, and the movable property to the municipality or city where the deceased resided. The municipality or city has the same status as the heirs of the testator, but they cannot renounce the inheritance.
In order to conduct the inheritance procedure, it is necessary to enclose:
The Succession Act regulates in detail all issues related to succession, ensuring legal certainty and protection of the rights of heirs, while respecting the last will of the testator expressed in the will.
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The title deed is a part of the land register folio that is kept for each parcel in the cadastral municipality. It contains information about the ownership of the property and other real rights in it. The regulation governing the keeping of land registers and land register folios is the Land Registry Act.
A possession deed is a document that is kept in the cadastre and contains information about the possesor. It also contains details of the property and its description. The cadastre is kept by the State Geodetic Administration on the basis of the Law on State Survey and Real Estate Cadastre.
The title deed (sheet B of the land register folio) includes:
The possession sheet in the cadastre includes:
Registration in the title deed has a constitutive effect for the acquisition of real rights, while entry in the possession deed has a declaratory character.
Registration in the title deed may be limited by existing encumbrances or rights of third parties. The procedure of registration in the land register is carried out on the basis of a party’s proposal with a document suitable for registration. This can be a purchase contract with a tabular statement, concluded with the currently registered land register owner.
Registration in the possession sheet in the cadastre is made ex officio or at the request of a party, with the obligatory attachment of an excerpt from the land register.
Registration in the title deed creates a presumption of ownership and enables the disposal of the property. The owner is responsible for debts related to the property.
Entry in the possession deed does not create a presumption of ownership, but only records the factual state of possession. The owner is not necessarily liable for debts related to the property, unless he is also the owner of the property.
Registration in the title deed in the land register has a constitutive effect for the acquisition of real rights to real estate. A person becomes the owner of the real estate at the time of registration in the land register. That is why the title deed plays a key role in ensuring the greatest legal certainty in real estate transactions.
Entry in the possession sheet in the cadastre has primarily a record-keeping character. It does not prove ownership, but only who is the current owner of the property. So, in certain situations, a non-owner or current tenant of the property can be registered in the cadastre.
Different entries in these two registers can lead to legal uncertainty. In the event of disagreement, the situation in the land register takes precedence.
For registration in the title deed in the land register, i.e. registration of the right of ownership of real estate, it is necessary to submit a proposal to the competent land registry court, attaching:
In order to be registered in the possession sheet in the cadastre, it is necessary to submit an application to the competent cadastral office, attaching:
In conclusion, although both documents contain information about real estate, the title deed has a significantly greater legal force and significance in the legal transaction of real estate. In case of discrepancies, it is necessary to hire a legal expert and a surveyor in order to establish the actual land registry status and harmonize the cadastre and land register.
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A lifetime support contract is a contract by which one party (the maintenance provider) undertakes to maintain the other party (the maintenance recipient) until his or her death. In return, the maintenance recipient transfers all or part of his assets to the maintenance provider, with the acquisition of the property being deferred until the death of the maintenance recipient. This contract is regulated by the Civil Obligations Act.
Subject-matter, parties and form of the contract
The subject of the contract is the maintenance of the maintenance recipient until his death and the transfer of property to the maintenance provider. The parties to the contract are the provider and the recipient of maintenance. The contract must be concluded in writing and certified by a judge, certified (solemnized) by a notary public or drawn up in the form of a notarial deed. The subject of the contract may be all or part of the recipient’s assets, including real estate and movable property.
Restrictions and registration in registers
A maintenance provider may have a maximum of three lifetime maintenance contracts at the same time, and a contract concluded contrary to this limitation is null and void. The contract is entered in the Register of Lifelong and Lifelong Maintenance Contracts, which is kept by the Croatian Chamber of Notaries. If the subject of the contract is real estate, the record of the contract is entered in the land register.
Before certifying or drawing up a contract, the judge or notary public will check in the Register of Lifelong and Lifelong Maintenance Contracts the number of maintenance recipients with whom the maintenance provider has concluded lifelong maintenance contracts and/or lifelong maintenance contracts.
Contract Award Procedure
When certifying or drafting the contract, the judge or notary public will read the contract to the contractors and warn them in detail and in words understandable to the contractors of the rights and obligations arising from the contract. The authorised person will check by direct questions whether both parties to the contract have understood the rights and obligations arising for them from the contract.
Liability and legal consequences
The maintenance provider is not liable for the debts of the maintenance recipient, unless otherwise agreed. In the event of the death of the maintenance provider, his rights and obligations under the contract pass to his heirs, if they agree. Consent to the assumption of rights and obligations under the contract is given in writing, certified by a judge of the competent court or confirmed (solemnized) by a notary public or drawn up in the form of a notarial deed.
If they do not agree to the extension of the lifetime maintenance contract, the contract is terminated, and they are not entitled to claim compensation for the previously given maintenance, unless they are unable to assume the contractual obligations. In this case, the court determines this compensation at its own discretion, taking into account the financial circumstances of the maintenance recipient and the persons who were entitled to extend the lifetime maintenance contract.
The contract is fulfilled upon the death of the maintenance recipient, when the provider acquires the property that is the subject of the lifelong maintenance contract.
Termination of the contract
The contract may be terminated by mutual termination, by the death of the maintenance provider, by termination due to non-fulfilment of the obligations assumed by the contract or by a court decision if the relations between the parties are so disrupted that cohabitation becomes unbearable. After the termination of the contract, each party returns what it received from the other party under the contract, unless the contracting parties agree otherwise.
Tax aspects of a lifetime maintenance contract
The conclusion of a lifetime maintenance contract may be subject to taxation. Namely, in the case of a lifetime maintenance contract, the moment of transfer of property is the death of the maintenance recipient, and if the recipient is not the heir of the first order of the maintenance provider, the maintenance recipient is not exempt from real estate transfer tax. This is regulated by the Real Estate Transfer Tax Act.
If there is an obligation to pay real estate transfer tax for the maintenance provider, it is reduced by 5% for each year of maintenance duration elapsed from the date of conclusion of the lifelong maintenance contract until the death of the creditor.
A lifetime maintenance contract is a complex legal institute that requires careful consideration of all aspects before concluding it. Professional legal aid is often necessary for the proper drafting and implementation of contracts.
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A Gift Agreement or Gift Agreement is a contract by which the donor transfers property to the donee free of charge. The subject of the donation may be present and future things and transferable property rights. A gift is not considered to be a waiver of an inheritance or a right before it has been acquired.
A gift agreement is usually concluded in writing, but it can also be concluded orally. A written form is mandatory for the donation of real estate. If the contract does not result in the actual handover of the thing, i.e. the transfer of possession of the thing, it must be certified by a notary public. Thus, an oral gift agreement is not valid if there is no real surrender of the thing.
The form of the gift agreement depends on the subject of the donation. For real estate, a written form and certification by a notary public are mandatory. For movable property, an oral contract is valid only upon surrender of the thing. In the case of a donation without the actual handover of the thing, the gift agreement must be concluded in the form of a notarial deed or a certified (solemnized) private document.
The donor is not responsible for material and legal defects of the gift, unless he deliberately withheld them from the donee. In case of silence, the donor is obliged to compensate for the damage.
There are different types of gift agreements:
The donor may withdraw from the contract before the due date of the obligation to perform the obligation if, after the conclusion of the gift agreement, his or her financial situation deteriorates, and he or she no longer has the means to support him/her, nor is there a person who is legally obliged to support him/her.
The donor may revoke the donation if, after the fulfillment of the contract, he becomes so impoverished that he no longer has the means for his necessary maintenance, and he does not have a person who is legally obliged to support him, and demand the return of work. The conditions for revocation are:
The donee is not obliged to return the gift if he provides the donor with the funds he lacks for maintenance within the limits of justified needs.
The donor may also revoke the donation due to the gross ingratitude of the donee. Gross ingratitude is considered to be:
Revocation due to ingratitude may also be declared by the heir of the donor if the donee intentionally killed the donor or prevented him from revoking the donation. The donation is revoked by a written statement addressed to the donee, with a notarized signature. The deadline for revocation is one year from the date of knowledge of the reason for the revocation. In the event of a dispute about the reasons and the time limit for revocation, a lawsuit must be filed.
If the prerequisites for revocation are met, the donee is obliged to return the gift or its value according to the rules on unjust enrichment. It is important to note that the waiver of the right of revocation due to gross ingratitude is considered null and void.
Conclusion
A gift agreement is a complex legal institute that requires careful consideration of all aspects before concluding it. Professional legal aid is often necessary for the proper drafting and implementation of contracts. If you need legal assistance or a lawyer, please contact us at:
A cadastral parcel is the basic unit of land within a cadastral municipality. The cadastral parcel is defined by boundaries and marked with a unique number. It is registered in the cadastre and land register, which is crucial for legal certainty and the regulation of property and legal relations. The concept of a cadastral parcel is regulated by the Act on State Survey and Real Estate Cadastre and the Land Registry Act.
The cadastral parcel is defined in the cadastral record. The land register parcel is recorded in the land register. The differences between them may exist in number, area and rights holders. One cadastral parcel may be divided or include several land register parcels due to various inconsistencies in the recording. In this case, it is necessary to harmonize the cadastral and land registry status of the property.
On cadastral parcels, boundaries, area, construction and holders of possession rights are recorded. The data are entered into the cadastral records and the land register on the basis of the geodetic study and application sheets.
The following documents are required for the preparation of a geodetic study for recording data on buildings:
Determining the boundaries includes determining the boundaries in the field and making a geodetic study. If the boundary is disputed, the proceedings are suspended until they are resolved through the courts. The surveyor invites the neighbors to inspect the study, and if they have no objections, the surveyor sends the study to the competent cadastre, which then confirms it.
The surveyor determines the boundaries and the area of the parcel according to the existing boundary signs. If the neighbors have not objected, and the cadastre confirms the geodetic study, it is registered in the cadastre and land registry.
Inconsistencies between the cadastre and the land register can lead to legal uncertainties, such as disputes over ownership, the inability to sell real estate or obtaining a loan secured by a mortgage on real estate. A surveyor for the technical aspects and a lawyer with knowledge of land registry law and property law for the legal aspect are required for the solution.
Registration of cadastral parcels is a complex process that requires the cooperation of experts and institutions. A properly conducted procedure ensures legal certainty and protection of property rights.
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Solemnization is the procedure by which a notary certifies a document. It ensures its legal validity and legal effects. This procedure is prescribed by the Notary Public Act. It plays a key role in ensuring legal certainty, especially in contractual relations. Solemnized documents have the force of public documents if the essential formalities prescribed by that law are fulfilled when they are drawn up and issued.
In the Croatian legislative framework, solemnization guarantees that contracts are drafted in accordance with legal norms and that the parties are fully aware of their rights and obligations.
Any contract can be solemnized. It is especially important for contracts for which the law explicitly requires this procedure, such as a loan agreement, a lifelong or lifelong maintenance agreement, a contract for the donation of things without handing over possession, etc.
In addition to these contracts, compulsory solemnization is prescribed for contracts that dispose of the property of minors or persons with reduced legal capacity.
If the contract is not solemnized, and the law prescribes a mandatory form of solemnization, such a contract has no legal effect.
This follows from the provision of Article 290, paragraph 1 of the Act. of the Civil Obligations Act:
‘(1) A contract which has not been concluded in the prescribed form shall have no legal effect, unless otherwise follows from the purpose of the legislation determining the form.’
This legal provision emphasizes the importance of complying with formal requirements when concluding contracts, especially when it comes to legal transactions that require additional protection of the parties and legal certainty.
In addition to providing legal certainty, solemnisation also serves as a protection mechanism for the parties. A notary public is obliged, before reading the contract, to warn of possible ambiguities and legal consequences, which reduces the risk of future disputes and ensures clarity of contractual relations.
With this procedure, the contract acquires the force of a notarial act, which provides it with greater legal certainty and enables direct enforceability if it contains a statement by the debtor that on the basis of this act a forced enforcement can be carried out in order to achieve due performance, after the obligation has matured, unlike contracts on which only the veracity of the signature is certified.
The solemnization of the contract takes place through the following steps:
A solemnized contract is most easily identified by the hyphens that fill in all the gaps in the contract and initials on each page.
The procedure of solemnization of a document by a notary public is more expensive than the certification of the authenticity of the signature.
According to Article 12. Ordinance on the Temporary Notarial Tariff, the price of solemnization of the contract depends on the value of the subject of the official act. A notary public is entitled to a fee according to the following values:
| From euro to euro | points |
| 0 – 663,61 | 21 |
| 663,62 – 1.327,23 | 43 |
| 1.327,24 – 6.636,14 | 64 |
| 6.636,15 – 9.954,21 | 85 |
| 9.954,22 – 13.272,28 | 106 |
| 13.272,29 – 19.908,42 | 128 |
| 19.908,43 – 26.544,56 | 149 |
| 26.544,57 – 33.180,70 | 170 |
| 33.180,71 – 39.816,84 | 191 |
| 39.816,85 – 46.452,98 | 213 |
| 46.452,99 – 53.089,12 | 255 |
If the value of the subject of the official act exceeds the amount of EUR 53,089.12, the notary public is entitled, in addition to the fee of 255 points, to an additional fee of 5 points for each commenced EUR 6,636.14 in the part in which the value of the subject of the official act exceeds the amount of EUR 53,089.12, but in no case more than 4,000.00 points.
Article 40. of the Ordinance on the Temporary Notarial Tariff, the value of the point is determined in the amount of 2 euros.
Conclusion
Therefore, solemnization is a key legal procedure that ensures the validity of individual contracts, but always greater legal certainty for the parties. It is mandatory for certain contracts, and failure to comply with it may result in the nullity of the contract. Upon solemnization, the contract acquires the force of a notarial act and can be directly enforceable. Although more expensive than signature certification, solemnization provides additional protection and reduces legal risks.
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Partnership agreement, is a legal instrument by which two or more persons undertake to pool their labor and/or assets in order to achieve a common goal. This form of business cooperation is regulated by the Civil Obligations Act, in particular Articles 637-64. A partnership is a community of persons and goods without legal personality, which distinguishes it from companies. The partnership agreement can be concluded orally or in writing. The partners can be natural and legal persons.
Peer stakes represent each partner’s contribution to the partnership. Stakes may be in the form of labor, money, property, or rights. The stakes become the common property of the partnership. The partners are responsible for the material and legal defects of their stakes. Stakes are acquired and determined according to the rules for the acquisition of individual property rights. Unless otherwise agreed, the partners are obliged to perform equal roles.
The right to conduct the affairs of the partnership belongs jointly to all partners. It can be differently stipulated in the contract. Partners may authorize one or more partners for management. Authorized partners are considered proxies. No partner has the right to entrust the management of affairs to a third party without the consent of the other partners. The partners who have entrusted the management retain the right to supervise the business.
The partnership does not have legal personality. The partners are jointly and severally liable for obligations towards third parties. This means that each partner is liable with all his assets for the obligations of the partnership. A partner cannot legally bind the partnership by a legal transaction with a third party without the consent of the other partners. Claims of partnership belong to all partners together, unless otherwise agreed.
Profit and loss are divided according to the agreed ratios, and if the ratios are not agreed, they are divided into equal parts. A partner who has invested only labor is entitled to a share of the profits, but not in the principal of the partnership. A closing statement and profit distribution cannot be required before the completion of the transaction, unless it is a long-term transaction.
A partner may withdraw from the partnership under the terms of the contract, and other partners may exclude a partner if there are justified reasons for doing so. By withdrawing or expelling, the partner is restored the stake and the share in the property is paid. A partnership agreement concluded for an indefinite period of time may be cancelled at any time, except in bad weather or at the expense of other partners.
The partnership is terminated upon the achievement of the goal, the expiry of time, the agreement of the partners or in other ways provided for by law. After the termination of the partnership, the division of joint property is carried out, whereby the debts of the partnership are first settled, and then returned to the stake. The rest of the assets are divided according to their profit shares.
A partnership is not a separate tax entity, so profits are taxed at the level of partners according to their shares. Partners pay income or profit taxes, depending on their status. Entering stakes into a partnership, such as real estate, can have tax implications depending on the type of stake and the tax status of the partner. When paying out profits, the partners are required to pay income or profit tax, and the division of assets upon the termination of the partnership can also have tax implications, depending on the type of assets and the tax status of the partners.
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Debt Collection Attorney is an attorney specialized with the enforcement procedure. Enforcement is a legal procedure within for forced collection of receivables. Enforcement is a procedure by which the creditor’s right to collect a debt from the debtor is forcibly exercised. This process can be complex, so the assistance of a foreclosure lawyer is often required to protect the rights of all parties.
There are two basic types of foreclosures:
Authentic documents are documents that have a lower level of legal force. Such are invoices, statements of open items, bills of exchange or cheques. The law presupposes that authentic documents are true. However, such documents can be challenged. It can be proven that they are not really credible. For example, that the service from the invoice has not been performed, that it has been paid, that it is outdated, and so on. A debt collection attorney can help you help you identify whether an authentic document complies with the law.
Enforcement based on an authentic document is initiated through the e-enforcement system, which speeds up the entire procedure. After filing an application for enforcement, the notary first serves a notice of enforcement on the debtor, with a deadline of 15 days to voluntarily settle the debt. If the debtor fails to pay the debt, the notary public issues a writ of execution. The debtor has the right to file an objection against this decision within 8 days of receipt.
An objection against a writ of execution must contain basic elements such as the personal data of the parties, the case number, the notary’s designation, and the like. The most important thing is to clearly explain why the decision is considered to be illegal or unfounded, i.e. whether the debt is contested in whole or in part.
After filing an objection, the enforcement case is forwarded to the court conducting civil proceedings. In this process, each party must prove its claims. The creditor must prove the existence of the debt, while the debtor must prove that the debt does not exist or is not in debt. It is noted here that the so-called burden of proof is always on the creditor. The creditor must primarily prove that the debt exists. However, if the debtor believes that the debt does not exist, then the debtor must actively participate in the proceedings and propose all evidence to refute the creditor’s claims.
An enforceable document is a legal document that has a very high legal force, such as a judgment or court ruling, a promissory note or notarial deed, or a solemnized private document. Enforcement documents are considered to be undisputed and that the debt established by them is undisputed. Only in exceptional cases can it be proved that there is no claim established by an enforceable document, and there must be solid evidence for this. Enforcement based on an enforcement document speeds up the procedure because there is no need for additional evidence. A debt collection attorny can help you obtain an enforceable document.
Foreclosure is the process of forcibly selling a property to collect a debt. This procedure is necessarily carried out as a court procedure. The procedure includes the submission of a proposal for enforcement, an assessment of the value of the property by an expert and a public auction. This process can be lengthy and complex, so the help of a foreclosure lawyer is often required to ensure that the rights of all parties are respected. Enforcement on real estate cannot be initiated if the debt is less than EUR 5300.00. If the debtor is still in the property after the sale of the property, then it is necessary to carry out the emptying procedure, i.e. evictions. These are very sensitive procedures that often involve the involvement of a large number of people, often the police. A debt collection attorney is specialized for this kind of procedure.
Enforcement of movable property involves the forced collection of a debt through the seizure and sale of movable property. The procedure includes the submission of a proposal for enforcement, inventory of property, seizure of property and its sale at public auction. This process can also be complex and awkward as it involves the bailiff entering the debtor’s home. That is why it is advisable to consult a foreclosure lawyer to avoid unwanted situations.
Out-of-court enforcement can be carried out by submitting an enforcement document to the Financial Agency (FINA). FINA will check whether the enforcement document is valid and then block and seize all bank accounts that the debtor has in Croatia. This procedure is conducted without the involvement of a court. A debt collection attorney can check whether this kind of seizure was legal.
This procedure is also conducted without the involvement of a court. A creditor who has a final and enforceable decision generally on the debtor’s property can simply deliver that decision to the employer, and the employer is then obliged to seize the debtor’s salary and forward the money to the creditor. The employer is put in an unenviable position here because he has to worry about the legal restrictions on wage garnishment. A similar enforcement is a pension enforcement that is submitted to the Croatian Pension Insurance Institute.
Sometimes, when creditors have low receivables and cannot collect them in the above ways, they decide on the so-called forced mortgages. This is possible in a situation where the debtor already has blocked accounts and other income, but has real estate. With such compulsory insurance, the creditor receives insurance that the receivable will be collected at the moment when the owner of the property wants to sell it, because no one wants to buy a property that has some encumbrances on it.
Conclusion Foreclosures are a complex legal process that requires careful planning and professional assistance. Whether it is an execution based on an authentic document, an enforcement document, or enforcement on real estate and movable property, it is important to have professional support. A foreclosure lawyer can help protect your rights and ensure that the process is fair and transparent. If you are facing foreclosure, contact a foreclosure lawyer to get the legal assistance you need;
Trademark protection is essential for business. Trademark protects your brand and identity in the market. This blog explores all aspects of trademark protection in the European Union. We are based on the EU Trade Mark Regulation (EU) 2017/1001. Find out all the important information about registering, protecting and enforcing your rights.
The EU Trade Mark Regulation (EU) 2017/1001 defines a trade mark as any sign. The sign can be graphically displayed. It distinguishes the goods or services of one company from those of other companies. Trademark allows consumers to identify the source of a product or service. The definition is broad and encompasses different types of characters. It is important that the sign has a distinctive character.
Registration of a trademark gives the owner an exclusive right. This right relates to the use of the sign for the goods or services for which it is registered. Registration creates legal certainty. The owner of the Trademark may prevent others from using the same or similar mark. This applies to identical or similar products and services. The legal effects of registration are powerful and crucial for brand protection.
Words, drawings, letters, numbers can be registered as a trademark. Colors, three-dimensional shapes and sounds can be registered. The sign must be distinguished. A sign that is descriptive cannot be registered. A sign that is common in a trade cannot be registered. A sign that is contrary to public order or morality cannot be registered. There are absolute and relative reasons for refusing registration.
The Treaty of Nice established an international classification of goods and services. This classification is used for the registration of trademarks. It classifies goods and services into 45 classes. Classes 1-34 refer to products. Classes 35-45 refer to services. The classification makes it easier to apply for and search for trade marks. It helps in determining the scope of trademark protection. It is a standardized system that is used globally.
The Paris Convention is an international treaty. It protects industrial property. It covers patents, trademarks, industrial designs, and other forms of IP. The Convention provides for a right of priority. A notifier has a right of priority in one Member State. For registration in other Member States. The priority period for trademarks is 6 months. The Convention promotes the international harmonization of IP law.
There are absolute reasons for refusing to register a trademark. A trade mark cannot be registered if it is not distinctive. If it is descriptive of goods or services. If it is common in the store. If it is contrary to public order or morality. If it is misleading to the public. If it contains official signs or seals. If an identical trade mark has been registered earlier for identical goods/services.
A trade mark can be transferred to another person. The transfer is usually carried out by contract. A trademark may be subject to enforcement. It can be used to collect debt. In bankruptcy proceedings, the trademark enters the bankruptcy estate. It can be sold to satisfy creditors. A trademark may be the subject of a license. The proprietor of a trademark may grant a license to another company. For the use of a trade mark for a fee.
An EU trade mark application is filed with the European Union Intellectual Property Office (EUIPO). The application can be submitted online or by mail. The application must contain information about the applicant. Graphic representation of the trademark. A list of goods and services for which a trade mark is sought. The application must meet the formal requirements. An application fee must be paid.
The designation and classification of goods and services are essential for trademark protection. It is necessary to specify the goods and services precisely. For which the trademark is intended to be protected. The Nice Classification is used. Proper marking determines the scope of protection of a trademark. It affects the ability to enforce rights. It is important to carefully select the classes and description of the product/service.
Priority allows the date of the first application to be recognised as the priority date. For later applications in other countries. Exhibition priority refers to the display of products/services at an official exhibition. It gives priority if the application is filed within a certain deadline. The seniority of a national trade mark allows the proprietor of an EU trade mark. To refer to the seniority of the earlier national trademark. If he renounces the national trademark.
The EU trade mark registration procedure involves an application. Formal exam. Search for earlier trademarks. Publication of the application. Deadline for third-party complaints. Examination of complaints. A decision to register or refuse. Registration of a trademark and publication of registration. The whole process can take several months.
A trade mark search is recommended before filing an application. It is checked whether there are identical or similar earlier marks. The search report is prepared by the EUIPO. It contains a list of potentially relevant earlier trade marks. The publication of the application allows third parties to file an objection. On the registration of the trademark. It is important to conduct a search before signing up.
Separation of a trade mark application is possible if the application relates to more than one good and service. The applicant may divide the application into two or more applications. Each application covers part of the original list of goods/services. Separation can be carried out to speed up the registration process. Or to resolve complaints that relate only to a part of the goods/services.
The registration of a trademark lasts for 10 years. It can be extended indefinitely. An extension is requested every 10 years. The trade mark can be modified (change of the name or address of the owner). Splitting a registration is possible similar to splitting an application. Registration can be divided into two or more registrations.
The owner can waive the trademark. The revocation of the trademark occurs if the trademark is not used. Or if it has become a common name in the store. Or if it is misleading. The invalidity of a trade mark occurs if there were absolute or relative reasons for refusing registration. At the time of registration.
An appeal may be lodged against decisions of the EUIPO. An appeal is lodged with the Board of Appeal of the EUIPO. An appeal may be lodged against decisions refusing registration. About objections. About revocation or nullity. The appeal is used to review the decision of the EUIPO.
The trademark registration procedure in Croatia is carried out by the State Intellectual Property Office (SIPO). The procedure is similar to that for an EU trade mark. It includes an application, a formal exam, a distinguishability test, the publication of an application. Deadline for objections, registration and publication of registration. Croatian trademark law is harmonized with European legislation. I hope this blog post is useful to you! For additional questions, feel free to ask at:
Fixed-term work is a common practice in Croatian labour law. However, many workers and employers do not understand all aspects of it. In this blog, we will explain the key provisions of Article 12. of the Labour Act, so that you can better understand your rights and obligations.
A fixed-term employment contract is concluded exceptionally, when the need for work is temporary. This means that the termination of the employment relationship is predetermined. For example, if an employer needs a replacement for a worker on sick leave, he can conclude this contract. The maximum duration of the contract is three years.
To work for a certain period of time, an objective reason is required. This can be the replacement of a worker who is temporarily absent or the performance of work whose duration is limited. For example, if an employer has a project as part of his activity that lasts for one year, he can conclude a contract for that time. The reason must be stated in the contract, and it must be possible to prove it.
The law allows for the conclusion of a maximum of three consecutive fixed-term contracts. The total duration of all contracts may not exceed three years. If there is no interruption between the contracts or the interruption is less than three months, they are considered consecutive. After three years, the employer must wait at least six months before a new contract.
There are exceptions when the contract can last longer than three years. This is allowed if it is necessary to replace a temporarily absent worker or complete a project financed from EU funds. Also, special laws or collective agreements may allow for a longer duration. These exceptions must be clearly stated.
If the contract is concluded contrary to the law, it is considered to have been concluded for an indefinite period of time. This means that in this situation, the worker has the right to permanent employment. For example, if the employer extends the contract after three years without a six-month break, the employee can ask for the recognition of the contract for an indefinite period. If the employer refuses to conclude a contract for a period of time, it is necessary to initiate a legal protection procedure.
Regardless of the fact that the employment contract is concluded for a certain period of time, it is necessary to pay attention to other important elements, which you can find out more about here.
A fixed-term employment contract is a useful tool for temporary needs. However, it is important to comply with legal provisions to avoid legal consequences. If you have questions or concerns, consult a lawyer.
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