Copyright is a fundamental area of law that protects creativity and innovation. This blog will provide you with an in-depth overview of key legal definitions related to copyright, including rights holders, types of works, publication, term of protection, and other important issues.
The copyright belongs to the natural person who creates the copyrighted work. The right holder may also be a natural or legal person who is entitled to a share in the income from the rights under a contract or law.
A copyrighted work or subject matter of a related right is considered published if it has been made available to the public with the consent of the rightholder.
A copyrighted work or subject matter of related rights is considered to have been issued:
Public use of an author’s work is considered to be any use of a copyrighted work or subject matter of related rights that is accessible to the public.
An author’s work is an original intellectual creation from the literary, scientific or artistic field that has an individual character, regardless of the manner and form of expression, type, value or purpose.
The author’s works are:
The subject of copyright is the copyright work as a whole, including the unfinished copyrighted work, title and parts of the copyrighted work. The title of a copyrighted work that does not meet the prerequisites for being the subject of copyright, and which has already been used for a copyrighted work, cannot be used for a work of the same type if it is likely to cause confusion about the author.
Translations and other adaptations of a work of authorship, which are original intellectual creations of an individual character, are protected as independent works of authorship. This includes translations, adaptations, adaptations and other modifications to the computer program. Such works must be original intellectual creations of an individual character.
Translations of official texts in the fields of legislation, administration and the judiciary, which are original intellectual creations of an individual character, are protected as independent works of authorship. This does not apply if they are made for the purpose of officially informing the public and published as such.
Slightly processed, adapted or musically arranged musical works with or without words, in respect of which copyright protection has expired, shall not be considered original intellectual creations.
The author of the work is the natural person who created the work. Co-authors are people who have created a work by working together. In the case of a composed work, each author retains the copyright in his work.
If two or more authors compose their created works of authorship for their joint use, each of the authors retains the copyright in their work of authorship. The mutual relations of the authors of the compiled work are regulated by a contract.
Co-authors of a work are persons who have created an author’s work through joint work, and whose contributions cannot be used independently. Co-authors have a joint copyright on the created copyright work. Everyone is entitled to a part of this copyright calculated in proportion to the entire copyright. In case of doubt, the co-authored parts are considered to be the same.
An author has moral rights to his work, including the right to attribution, the right to respect for the work, and the right of revocation.
The moral rights of the author are as follows:
The author has the exclusive right to do what he wants with his work. This includes the right of reproduction, distribution, communication to the public and the right of adaptation.
Copyright is inheritable, but not transferable. Only material gains acquired through the use of copyright may be subject to enforcement.
According to Croatian law, the author may establish the right to exploit the copyrighted work for another. He can leave it to him to exercise the copyright by contract, granting permission or permission to use. The author may establish a right for another on the basis of which others will be able to use the copyrighted work in any or certain way (the right of exploitation). The right of exploitation may be established as an exclusive or non-exclusive right, limited in content, time or space.
The holder of the exclusive right of exploitation may use the copyrighted work in a manner that is consistent with the content of his right. He may exclude anyone else, including the author, from such use. A non-exclusive right of exploitation entitles its holder to use the copyright work in a manner consistent with the content of his right.
The contract on the basis of which the right to exploit copyright is acquired (copyright agreement) must be concluded in writing. The copyright contract must specify at least the work to which it relates, the manner of use, the remuneration for the use of the work. Instead of compensation, it may have an explicit provision that the right of use is established free of charge. The person authorized to use the copyrighted work must be indicated.
The author shall be entitled to appropriate and proportionate remuneration for any use of his or her copyrighted work. If the amount of the fee is not determined by the legal transaction, the author has the right to demand appropriate and proportionate compensation. The same applies if the amount of the compensation is determined inappropriately or the amount of the compensation is not determined by the collective protection organization.
Appropriate and proportionate remuneration is the one that must be fairly given or determined in legal transactions at the time of concluding the legal transaction, with regard to the type and scope of use of the copyrighted work, and other relevant circumstances.
The author has the right to adapt the originally agreed fees in copyright contracts to changed circumstances.
By means of a publishing contract, the author undertakes to establish for the publisher the right to reproduce his specific copyrighted work by printing or other similar procedure and the right to distribute copies of the copyrighted work (hereinafter: the right to publish).
Unless otherwise stipulated in the publishing contract, it is considered that the publisher has the exclusive right to publish the work. This presumption does not apply to the right to publish in daily and periodical press, publications or electronic publications for which no written contract has been concluded (hereinafter: small publishing contract).
By the contract for the creation of a work of authorship to order, the author undertakes to create a certain work of authorship and to hand over a copy of that work to the client, and the client undertakes to pay the author the agreed fee for this and to use the work in accordance with the contract on order, unless otherwise specified in the contract. The contract for the creation of a commissioned copyright work determines the characteristics of the commissioned work, the deadlines for its submission, as well as the manner of exploitation of the work.
Unless otherwise specified in the contract for the creation of a commissioned work of authorship, it shall be considered that the client has acquired exclusive copyright to exploit the copyrighted work created to order, in the content and scope necessary for the realization of the activity it performs, without space and time limitation.
A copyrighted work created in an employment relationship is a work created by the author during the employment relationship. Relations with regard to a copyrighted work created in an employment relationship are regulated by the Copyright and Related Rights Act, an employment contract or other act regulating the employment relationship, or another contract concluded between the author and the employer.
Unless otherwise stipulated by the employment contract or other act regulating the employment relationship or other contract concluded between the author and the employer, it shall be considered that the employer has acquired exclusive copyright economic rights to exploit the copyrighted work created in the employment relationship. Such is considered in the content and scope necessary for the realization of the activity he performs, without space and time limitation. If the use of a copyrighted work created in an employment relationship has had a significant contribution to the increase of income or profit or to the improvement of the performance of the employer’s activities, the author is entitled to a special appropriate remuneration.
Copyright lasts for the lifetime of the author and for 70 years after his death, regardless of when the copyrighted work was lawfully published, unless otherwise provided by law.
The term limits of copyright determined by law are calculated from 1 January of the year immediately following the year in which the event from which the beginning of the term is calculated occurred.
With the termination of copyright, the copyright work becomes a public domain and can be used freely with the obligation of acknowledging authorship, respecting the copyrighted work, and the honor and reputation of the author.
Conclusion
Copyright is a complex area of law that requires careful consideration. We hope this blog has provided you with a useful overview of key legal definitions.
If you need a copyright lawyer, feel free to contact us at:
Intellectual property is a set of intangible rights that protect intellectual creations. These include ideas, inventions, artwork, symbols, names, images, designs, and innovations.
Copyright is a type of intellectual property that protects original works of literature, art, and science. According to the Copyright and Related Rights Act, copyright arises as soon as the work is objectively created, so as a rule, no special registrations of this right are required. But, on the other hand, it is always recommended to preserve adequate evidence of the creation of the copyrighted work.
In Croatia, the legal definition of copyright is as follows: A copyrighted work is an original intellectual creation in the literary, scientific or artistic field that has an individual character, regardless of the manner and form of expression, type, value or purpose, unless otherwise specified by that law.
Copyright can refer to literary works (novels, poems, plays), works of art (paintings, sculptures, photographs), musical works, film works, computer programs, databases, and the like.
The subject of copyright may not be:
Find out more about copyright here.
A trademark is a sign that serves to distinguish the goods or services of one undertaking from the goods or services of other undertakings. A trademark can be a word, an image, a combination of words and images, or even a sound.
Trademark protection in Croatia is subject to the Trademark Act and the EU Regulation 2017/1001 on the European Union trademark. The trademark protection procedure involves submitting an application to the State Intellectual Property Office (SIPO). After verification, the DZIV will issue a decision on the registration of the trademark.
Trademark protection abroad can be achieved at the EU-wide level through the EUIPO (European Union Intellectual Property Office) or globally through the WIPO (World Intellectual Property Organization) Madrid system.
Find out more about trademark here.
A patent is an exclusive right granted to an inventor or his successor in title for an invention. For an invention to be patented, it must be new, have an inventive step, and be industrially applicable.
The patent protection procedure in Croatia is subject to the Patent Act. The patent protection procedure involves filing an application with the State Intellectual Property Office (SIPO). After verification, the DZIV will issue a decision on the grant of the patent.
Patent protection abroad can be obtained through international institutions or by applying for registration in individual countries.
An industrial design is the appearance of a product or part of a product that is determined by its shape, line, color, texture, material, or a combination of these elements.
The protection of industrial designs in Croatia is subject to the Industrial Design Act. The process of industrial design protection involves submitting an application to the State Intellectual Property Office (SIPO). After verification, the DZIV will issue a decision on the registration of an industrial design.
Industrial design protection abroad can be obtained through international institutions or by applying for registration in individual countries.
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, also known as the Enforcement Directive, defines a number of measures, procedures and remedies aimed at ensuring the effective enforcement of intellectual property rights in the European Union.
The Directive aims to:
In summary, Directive 2004/48/EC defines minimum standards for the enforcement of intellectual property rights in the EU, prescribing the measures, procedures and remedies that must be available to rightholders to ensure the effective protection of their rights against infringement.
Directive 2014/26/EU, also known as the Collective Management Directive (the so-called CRM Directive), lays down rules for the work of collective management organisations (CMOs). It regulates the management of copyright and related rights in musical works. The aim is to ensure better governance and transparency in the work of CMOs. This will allow authors to have better control over their works.
This Directive aims to improve the governance and transparency standards of CMOs across the EU. This is to ensure that authors and rightholders receive fair remuneration for the use of their works. The directive also introduces rules for multi-territorial authorisations for the online use of musical works. This simplifies music licensing online. It gives rights holders more control and makes it easier for users to access music. The goal is to encourage the development of a legal digital music market.
The directive addresses the rights of CMO members, including the right to participate in decision-making. It also defines the obligations of CMOs towards rights holders and users. It also prescribes the supervision of the work of CMOs by the competent authorities. All of this contributes to a better functioning of the internal market and ensures a fairer system for all actors. Transparency is key to trust in the collective management system. The Directive is an important step towards modernising copyright law in the digital age.
It should be noted that in addition to these directives, the Regulations that are directly applicable in all EU Member States, such as the European Union Trade Mark Regulation (Regulation (EU) 2017/1001) and the Community Design Regulation (Regulation (EC) No. 6/2002), are also very important.
An intellectual property lawyer can help you legally protect your works and inventions from unauthorized use by third parties. If you need an intellectual property lawyer, please contact us at:
Initially, consumer protection in Croatia is regulated by a number of laws and regulations. The recent boycott of supermarkets due to the high prices of food and household goods has highlighted the importance of knowing consumer rights and protection mechanisms. In this blog, we will explore collective consumer rights and the role of the Croatian Competition Agency (CCA) in preventing unfair trading practices.
The Consumer Protection Act allows consumer protection associations to file collective lawsuits. They can be brought against traders who violate consumer rights. Lawsuits are led on the basis of the provisions of the Consumer Protection Act and the Code of Civil Procedure.
Collective actions may be filed for:
In the event of a supermarket boycott, consumer protection associations could, under certain conditions, initiate a class action. They should prove that prices are artificially inflated and that traders have unduly profited to the detriment of consumers. Associations could also request a court ban on such behavior in the future. A class action lawsuit is a powerful tool for protecting the interests of a large number of consumers.
The Croatian Competition Agency (CCA) plays a key role in ensuring fair competition in Croatia. According to the Competition Act, the CCA has broad powers. It can investigate and sanction anti-competitive behaviour, including cartels between traders.
Prohibited agreements are agreements between undertakings which have as their object or effect the prevention, restriction or distortion of competition. In particular, direct or indirect price-fixing agreements are prohibited. Agreements are prohibited if they significantly affect competition in the territory of the Republic of Croatia.
If there is a suspicion that traders have concluded a prohibited agreement on prices, the CCA may initiate proceedings ex officio or upon request. In the course of the proceedings, the CCA collects evidence, conducts eyewitnesses and hears the parties. It can also impose administrative and punitive measures. The CCA will impose a fine if it finds the existence of a cartel.
If it is established that traders have negotiated prices, the CCA may impose high fines on them. Fines can amount to up to 10% of the total annual income of the entrepreneur. The procedure may also determine measures to eliminate the harmful consequences of the agreement. The CCA may also order traders to act in a certain manner within a certain time limit. This ensures consumer protection. These can be measures such as lowering prices or reimbursing consumers for an overpayment. The CCA also has the power to supervise the execution of the imposed measures.
Consumers in Croatia have legal mechanisms in place to protect against unfair trading practices. Consumer protection associations and the CCA play a key role in ensuring fair market conditions. It is important that consumers are aware of their rights. They must also be willing to actively advocate for their protection.
This article is for informational purposes only and does not constitute legal advice. If you need legal advice in the field of consumer protection, you can contact us at:
Recent changes to Croatia’s Law on Lease and Sale of Business Premises highlight the importance of staying informed about the legal framework governing commercial lease agreements. These agreements are crucial for landlords and tenants engaged in commercial real estate transactions, as they define the rights and obligations of both parties. This blog post provides a detailed overview of commercial lease agreements in Croatia, covering key provisions, legal requirements, and common disputes, all within the context of the Zakon o zakupu i kupoprodaji poslovnog prostora (Law on Lease and Sale of Business Premises) and the Zakon o obveznim odnosima (Law on Obligations).
What is Commercial Real Estate?
Commercial real estate refers to properties utilized for business activities, encompassing a wide range of property types, including offices, retail spaces, industrial facilities, and warehouses. These properties generate income through rent payments or increase in value over time. In Croatia, the lease of residential property is governed by the Residential Lease Act, while industrial property and offices typically fall under the general guidelines of the Obligations Act and the Leasing and Sale of Business Premises Act. Retail leases may incorporate turnover rents, where the rent is partially or fully determined by the store’s profits, and may include provisions allowing landlords to maintain a specific mix of tenants. Retail tenants might also be subject to obligations that benefit the shopping center as a whole, such as adhering to specific trading hours and contributing to the center’s marketing efforts. Hotel leases share similarities with office leases, with variations depending on the hotel’s location and specific characteristics.
Key Provisions of a Commercial Lease Agreement in Croatia
A well-drafted commercial lease agreement in Croatia should clearly outline the rights and obligations of both the landlord and the tenant. It’s crucial to understand the interplay between the Lease Act and the Obligations Act when interpreting these agreements. Specific provisions in the lease agreement take precedence, followed by the Lease Act, and then the Obligations Act. Here are some of the key provisions to consider:
Form of a Commercial Lease Agreement in Croatia
A written agreement is mandatory by law to ensure clarity and avoid disputes. In some cases, such as long-term leases or those involving significant investments, a written agreement is often certified by a public notary for the purpose of enabling the enforcement clause for tenant eviction.
Building Use Permits
In Croatia, using a building for business purposes requires a separate use permit. This permit is issued after a technical inspection confirms that the building complies with building regulations and permits. Tenants should ensure that the landlord has obtained the necessary use permit before entering into a lease agreement.
Dispute Resolution
Disputes may arise between landlords and tenants regarding various aspects of the lease agreement. The agreement should include a clause outlining the preferred method of dispute resolution, such as mediation or arbitration. In Croatia, arbitration is governed by the Arbitration Act, which outlines specific rules and procedures for resolving disputes outside of court.
Commercial Courts and Dispute Resolution
Commercial courts in Croatia have jurisdiction over various commercial disputes, including those related to lease agreements. These courts play a vital role in resolving commercial matters and ensuring the enforcement of legal rights and obligations.
Protecting Yourself from Non-Payments and Breaches
To mitigate risks associated with non-payments and breaches, landlords can incorporate specific clauses in the lease agreement:
For instance, if a tenant consistently fails to pay rent despite reminders and warnings, the landlord may have grounds to terminate the lease agreement and pursue enforcement or other legal action to recover the unpaid rent and any associated costs.
Other General Practices
Conclusion
Commercial lease agreements in Croatia are subject to a specific legal framework, and recent legislative changes emphasize the need for landlords and tenants to stay informed. A well-drafted lease agreement is crucial for a successful landlord-tenant relationship, clearly outlining the rights and obligations of both parties. By understanding the key provisions, legal requirements, and potential disputes, both landlords and tenants can protect their interests and establish a solid foundation for their business operations. Seeking legal advice is highly recommended to ensure compliance with Croatian law and to navigate the complexities of commercial lease agreements effectively.
If you have any questions regarding a commercial lease agreement in Croatia, contact us through:
Introduction: What is covert employment?
Covert employment, also known as bogus self-employment, is a term that refers to situations in which employers choose to hire workers through a service contract or through a craft instead of concluding a standard employment contract. The goal of such engagement is to save on taxes and contributions, and the worker often performs the same tasks and has obligations that he would have as a regular employee.
Examples from around the world show that some large employers, such as delivery platforms, have been under scrutiny for years for hiring workers as self-employed people to avoid the costs of social security and other work obligations. Workers are registered as craftsmen or freelancers, and employers, who actually control their tasks, thus avoid higher contribution costs.
The tax benefits that such craftsmen enjoy include lower contribution rates and more favorable income taxation. On the other hand, employers use this strategy to reduce their labor costs and increase profitability.
Facts relevant to taxation
The facts relevant to the taxation of an individual taxpayer and employee are considered to be the following data:
Criteria for determining clandestine employment
The IRS uses an elaborate set of criteria to determine if there is disguised employment. These criteria look at the relationship between the employer (payer of remuneration) and the employee (executor of work), and include the following:
Behavior control: This criterion examines whether the employer has control over the worker, such as by determining the place of work, giving instructions, supervising the performance of the work, or providing work equipment. For example, if an employer requires a craftsman to perform tasks at the company’s headquarters and supervise its activities, this may indicate covert employment.
The behavioural control criterion includes elements that show whether the employer has the right to direct and control what the employee does and how he performs the work (through instructions, training or other means):
Financial Control: This examines whether the employer has control over the financial aspects of the work. If, for example, the employer bears the costs of the craftsman (such as travel expenses or equipment) or provides monthly payments in the same amounts, this may suggest that it is actually a classic employment relationship.
The financial control criterion includes elements that show whether the employer has the right to direct or control the financial and business aspects of the employee’s work:
Relationship of the parties: This criterion refers to the contractual relationship between the employer and the employee. If a service or cooperation contract is based on permanent or similar conditions to an employment contract (e.g. holidays are paid or sick leave is paid), then there is reason to suspect disguised employment.
The criterion of the relationship between the parties includes elements that indicate the nature of these relationships:
Exceptions
Depending on the specifics of a particular job, it is allowed to prove the characteristics of self-employment according to criteria that are not specified, and which in a specific relationship may represent a typical feature of self-employment.
Consequences of establishing covert employment
If the characteristics of independent work are determined, the decision will determine the amount of remuneration paid for a specific job, which is considered to be remuneration on the basis of employment. The employer is designated as responsible for the established tax and contribution obligations as a guarantor payer. Depending on the tax status of the taxpayer, certain entries in the business books will be ordered if necessary.
The payment of high fines and potential criminal liability for tax avoidance is not excluded.
If you have a question related to covert employment, please contact us at:
Uvod
Prema hrvatskom pravu, brak prestaje na nekoliko načina: smrću jednog od bračnih drugova, proglašenjem nestale osobe umrlom, poništajem braka ili razvodom. U ovom članku fokusirat ćemo se na razvod braka, koji je samo jedan od zakonskih načina prestanka braka. Razvod braka posebno je reguliran Obiteljskim zakonom (NN 156/2023), i to detaljnim procedurama koje osiguravaju zaštitu prava djece i pravedno rješenje za sve uključene strane.
Osnovne pretpostavke i osnove za razvod braka
Razvod braka može tužbom zahtijevati jedan bračni drug, a oba bračna druga prijedlogom za sporazumni razvod braka.
Sud mora razvesti brak ako:
Sporazum o pravnim posljedicama razvoda
O pravnim posljedicama razvoda se može sklopiti sporazum. Sporazum o pravnim posljedicama razvoda obuhvaća uređenje svih ključnih pitanja koja nastaju zbog prestanka braka. To uključuje dogovor o roditeljskoj skrbi, mjestu stanovanja djeteta, osobnim odnosima s djecom, uzdržavanju djece, kao i eventualno uzdržavanje između supružnika, uređenju imovinskih odnosa i podjeli zajedničke imovine. Sporazum mora biti detaljno definiran i uravnotežen, te ga sud ocjenjuje i odobrava u izvanparničnom postupku, pod uvjetom da nije u suprotnosti s interesima maloljetne djece.
Ako se roditelji ne sporazume i ne usvoje plan o zajedničkoj roditeljskoj skrbi nad djecom, o pitanjima uzdržavanja i mjesta stanovanja te viđanja djece će odluku donijeti sud po službenoj dužnosti. Zato se svakako preporuča da roditelji stave po stranu svoje osobne nesuglasice i da se pokušaju dogovoriti, umjesto da to za njih radi sud.
Obvezno savjetovanje kad bračni drugovi imaju maloljetnu djecu
Kada bračni drugovi imaju maloljetno dijete, prije pokretanja sudskog postupka mora se provesti postupak obveznog savjetovanja. Ako je namjera razvesti se temeljem sporazuma, potrebno je sastaviti plan o zajedničkoj roditeljskoj skrbi.
Obvezno savjetovanje provodi stručni tim Hrvatskog zavoda za socijalni rad nadležnog prema mjestu djetetova prebivališta, odnosno boravišta, ili prema mjestu zadnjeg zajedničkog prebivališta, odnosno boravišta bračnih ili izvanbračnih drugova. U obveznom savjetovanju sudjeluju članovi obitelji osobno i bez punomoćnika.
Obvezno savjetovanje provodi se:
Cilj ovog postupka nije pomirenje supružnika, već zaštita interesa djece i osiguranje da se roditelji dogovore o budućim obiteljskim odnosima.
Sadržaj obveznog savjetovanja prije razvoda braka je:
Obvezno savjetovanje se ne provodi ako je bračni drugi nepoznatog prebivališta ili boravišta, ako je nesposoban za rasuđivanje ili ako je nema poslovnu sposobnost tj. ima teže zdravstvene probleme zbog kojih ne može shvatiti da se vodi sudski postupak.
Nakon što se provede savjetovanje izdaje se izvješće o obveznom savjetovanju. Rok za dostavu izvješća je 60 dana od primitka zahtjeva za provođenje savjetovanja. Izvješće vrijedi 6 mjeseci i unutar tog roka je potrebno pokrenuti sudski postupak za razvod braka.
Prijedlog za sporazumni razvod braka kad bračni drugovi imaju maloljetno dijete
Prijedlog za sporazumni razvod podnose oba bračna druga zajedno. Prijedlog moraju biti priloženi izviješće o provedenom obveznom savjetovanju i plan o zajedničkoj roditeljskoj skrbi. Sud u ovom postupku provjerava je li sporazum u skladu s pravima i dobrobiti djece. Ako sud ocijeni da su svi uvjeti zadovoljeni, donosi odluku o razvodu braka. Postupak je brži i jednostavniji u odnosu na klasični postupak tužbe.
Plan o zajedničkoj roditeljskoj skrbi
Plan o zajedničkoj roditeljskoj skrbi je pisani sporazum roditelja o načinu ostvarivanja zajedničke roditeljske skrbi u okolnostima u kojima roditelji djeteta trajno ne žive u obiteljskoj zajednici.
Planom o zajedničkoj roditeljskoj skrbi mora se detaljno urediti:
Planom o zajedničkoj roditeljskoj skrbi mogu se urediti i druga pitanja ostvarivanja roditeljske skrbi za koja roditelji smatraju da su bitna za dijete, odnosno o kojima su roditelji dužni odlučivati sporazumno, a za koja se smatra da je drugi roditelj dao suglasnost.
Roditelji su dužni upoznati dijete sa sadržajem plana o zajedničkoj roditeljskoj skrbi i omogućiti mu da izrazi svoje mišljenje u skladu s njegovom dobi i zrelošću te ga poštovati u skladu s djetetovom dobrobiti. Plan o zajedničkoj roditeljskoj skrbi roditelji mogu sastaviti samostalno, u postupku obveznog savjetovanja, kao i u postupku obiteljske medijacije.
Tužba za razvod braka kad bračni drugovi imaju maloljetno dijete
Ako bračni drugovi imaju zajedničko maloljetno dijete, uz tužbu radi razvoda braka tužitelj je dužan priložiti izvješće o obveznom savjetovanju. Ako tužitelj uz tužbu podnese izvješće o obveznom savjetovanju starije od šest mjeseci, sud će tužbu radi razvoda braka odbaciti.
Ako tužitelj uz tužbu radi razvoda braka nije podnio izvješće o obveznom savjetovanju, sud će pozvati tužitelja da ih podnese u skladu s danom uputom. Sud će odrediti rok od osam dana za podnošenje izvješća i upozoriti tužitelja na pravne posljedice nepostupanja po nalogu suda. Smatrat će se da je tužba radi razvoda braka povučena ako izvješće o obveznom savjetovanju ne bude podneseno u roku od osam dana, a ako ponovo bude podnesena tužba radi razvoda braka bez izvješća o obveznom savjetovanju, sud će odbaciti tužbu radi razvoda braka.
Ako bračni drugovi imaju zajedničko maloljetno dijete, povodom tužbe radi razvoda braka mogu predložiti:
Sud nije vezan tim prijedlogom bračnih drugova. Ako bračni drugovi nisu predložili uređivanje pitanja o roditeljskoj skrbi nad djecom, sud će po službenoj dužnosti odlučiti s kojim će roditeljem dijete stanovati i o načinu ostvarivanja roditeljske skrbi, ostvarivanju osobnih odnosa djeteta i roditelja s kojim dijete neće stanovati i o visini uzdržavanja djeteta.
Zaključno
Razvod braka je složen pravni postupak koji zahtijeva temeljitu procjenu i zaštitu prava svih članova obitelji, posebice djece. Procedura je jasna i ima za cilj osigurati pravedna rješenja te minimalizirati negativan utjecaj razvoda na maloljetne članove obitelji. Za precizno pravno savjetovanje uvijek je preporučljivo konzultirati odvjetnika specijaliziranog za obiteljsko pravo.
Ako imate bilo kakvih pitanja vezano za ovaj članak slobodno nam se obratite na:
The role of grandparents in the life of grandchildren in Croatian family law is of particular importance, especially in the areas of personal relationships and maintenance obligations. Although parents are the primary bearers of rights and obligations towards the child, grandparents also have the right and obligation to participate in the life of their grandchildren when it is in the best interest of the child. In this blog, we will cover the main aspects of the rights and obligations of grandparents, as well as the rights of grandchildren towards grandparents in the context of personal relationships and maintenance.
The right of grandparents to contact their grandchildren
According to the Family Act of the Republic of Croatia, grandparents have the right to establish personal relationships with their grandchildren if it is considered useful for the well-being of the child. This contact can include various forms of meeting, spending time together, or staying with the grandparents, depending on the agreement with the parents or the court’s decision. In situations where parents prevent contact between grandparents and grandchildren, grandparents have the right to seek judicial protection to exercise their rights.
Personal relationships are an important aspect of a child’s emotional development, so when deciding on these rights, the court pays special attention to whether contact with grandparents will have a positive effect on the child. If it is assessed that grandparents are indeed an important support in the child’s life, the court may order appropriate measures to ensure contact. The law provides for the possibility that the establishment of personal relationships takes place under the supervision of a professional, especially if the relationship between parents and grandparents is strained or there is concern for the child’s well-being.
Grandchildren’s right to contact with grandparents
A child has the right to have relationships with grandparents, as well as with other close people who have a positive impact on his or her life and development. Family law puts the well-being of the child at the center of every decision-making, including when determining the right to personal relationships. If contact with grandparents is important for the emotional and social development of the child, the child has the right to such relationships, and the court will act in the interest of the child.
Grandparents’ maintenance obligation towards their grandchildren
According to the Croatian Family Act, the maintenance obligation primarily applies to parents, but under certain conditions it can also be transferred to grandparents. If the parents do not support the child, the grandparents in the parental line are obliged to support the grandchildren. In such cases, the grandparents have a legal obligation to provide financial support to the grandchild, which includes the basic needs for the child’s life, education and health.
Grandchildren’s obligation to grandparents
An adult grandchild is obliged to support a grandmother or grandfather if the grandmother or grandfather is not able to work, and they do not have sufficient means of subsistence or cannot obtain it from their property, and if they have supported or cared for the child for a long time.
Conclusion
Grandparents play an important role in the lives of their grandchildren, which family law recognizes through the rights to personal relationships and the obligation to maintain themselves in certain situations. While parents are the primary bearers of care and responsibility for the child, grandparents can provide additional emotional support and financial assistance when needed. On the other hand, grandchildren have the right to have contact with their grandparents, and the law allows them to protect this right in cases where it is in their best interest. It is important to note that each situation is unique, and that in family law, decisions are always based on the specific circumstances of the case and the best interests of the child.
If you need a family law lawyer, please contact us at: info@odvjetnik-bistrovic.hr
Introduction
In Croatia, ownership of real estate is acquired by registration in the land register. The land register is a public register in which information on the legal status of real estate is recorded, including property rights and other rights in rem. The acquisition of ownership and other real rights to real estate is regulated by the Ownership and Other Property Rights Act and the Land Registry Act. Registration in the land register is crucial because only the registered right has legal effect vis-à-vis third parties.
Verification of ownership
Verification of ownership of real estate is carried out by inspecting the land register. You can do this in person at the competent land registry court or through a lawyer who will check all the relevant information for you. It is advisable to hire a lawyer because a professional can thoroughly review all aspects of the ownership status and potential encumbrances on the property.
Composition of the land register
The land register consists of three main parts: the title deed (title deed), the possession deed (census sheet) and the consignment note (encumbrance).
What to look for when inspecting the land register
When inspecting the land register, you should pay attention to the following:
What to do when the situation in the land register is not in line with the actual situation
If it is found that the situation in the land register is not in line with the actual situation, for example when the seller is not registered as the owner, it is important to consult a lawyer. A lawyer will check the legal basis for the acquisition of ownership and can assist in the process of correcting the data in the land register. Also, he can advise on further steps to ensure the legal acquisition of ownership.
Conclusion
Checking the ownership of the property before buying is a crucial step that can prevent future legal problems. It is always advisable to hire a lawyer to carry out a detailed check of the land registry status of the property. This way, you can be sure that you are acquiring a property without hidden encumbrances and legal obstacles.
If you need a real estate lawyer, please contact us at:
The Law on Salaries in the Civil Service and Public Services (hereinafter: the Salary Act) was adopted and published in the “Official Gazette” no. 155/2023, and entered into force on 1 January 2024. This Act regulates the system of salaries for civil servants, including the principles of the salary system, job evaluation, evaluation of work efficiency, salary and salary supplements, pay scale and pay grades, promotion in salary based on the assessment of work efficiency, remuneration for achieved work results and supervision of the implementation of the Act.
1. The principle of equal pay
One of the fundamental principles introduced by this Act is the principle of equal pay, according to which all civil servants and employees have the right to equal pay for equal work or work of equal value. This principle also includes the obligation that women and men who perform equal work are paid equally, which contributes to gender equality in state and public services.
2. Pay transparency
The Salary Act also introduces the principle of salary transparency. Data on the elements for the calculation of salaries for positions in the civil service must be publicly published on the website of the state administration body in charge of civil service relations. In this way, transparency in payroll is ensured and allows all employees to have an insight into the way their salaries are calculated.
3. Job evaluation
According to the Act, jobs in the civil service and public services are evaluated by applying standard criteria for the evaluation and classification of jobs. These criteria include the required level of formal education, required work experience, job complexity, responsibility, collaboration and communication, and management. On the basis of these criteria, the coefficients for the calculation of salaries are determined, which allows for fairer and more transparent wage determination.
4. Evaluation of work efficiency
The law introduces a system of annual evaluation of the efficiency of the work of civil servants and employees. Work efficiency ratings are divided into excellent, particularly successful, successful, satisfactory and unsatisfactory. Depending on the rating, employees may be eligible for a pay supplement for work efficiency, which encourages motivation and rewards exceptional work performance.
5. Pay scales and pay grades
The Act prescribes a uniform salary scale consisting of 16 salary grades with salary calculation coefficients ranging from 1.00 to 8.00. Civil servants and employees are classified into salary grades based on job evaluation, which ensures fairness and consistency in determining salaries within the civil and public service.
Conclusion
The Salary Act brings a number of significant changes and improvements in the salary system for civil servants and public servants. Its application in practice should ensure transparency, equality and fairness in the determination and payment of salaries, which further encourages the efficiency and satisfaction of employees in the civil and public service.
If you need a lawyer for employment law, public services and government services, please contact us at:
Introduction: What are Land Registers?
Land registers are public registers that contain information on the legal status of real estate. They are a key instrument in the legal transaction of real estate because they enable the security of ownership rights and transparency of the legal status of real estate. The history of the development of land registers in Europe dates back to the Middle Ages, while in Croatia the first organized real estate records date back to the time of the Austro-Hungarian Monarchy. Land registries have evolved to become digitized systems that enable faster and more efficient data processing.
There are different types of land registers in the different legal systems of the world, from centralized registers, such as those in Germany, to decentralized systems that are present in some Anglo-Saxon countries. The essence of a centralized register of all real estate lies in its ability to provide reliable information about ownership and legal burdens, which is crucial for the legal certainty and efficiency of the real estate market.
Types of Land Registry Registration
Land registry entries imply recording all legally relevant information about real estate and rights to it. According to the Land Registry Act, there are three main types of registration: registration, pre-registration, and notation.
These entries have legal effects because they ensure the public credibility of the data in the land register, allowing third parties to reliably find out who owns the property and what rights or encumbrances exist on it. The registration process is carried out by submitting a proposal to the competent land registry court, which, after reviewing the proposal, issues a decision on registration.
Are there deadlines for registration in the land register?
According to the current Land Registry Act, there is no explicit deadline for submitting a proposal for registration. However, it is extremely important to register as soon as possible after acquiring the property or changing the rights to it. Namely, by untimely registration of ownership or other rights, it may happen that a third party registers some of their rights that may interfere with or even prevent your registration.
For example, if you buy a property and do not register as an owner, someone can record enforcement or some other encumbrance on that property against the former owner, which can significantly jeopardize your property rights. Also, ownership disputes can make your enrollment difficult or impossible, further underscoring the importance of acting urgently.
Conclusion
Although the law does not provide for specific deadlines for registration in the land register, it is recommended that all registrations be made as soon as possible through a notary public or directly at the land registry court. Timely registration ensures legal certainty and avoids possible complications, such as the recording of enforcement or disputes on the property. Timely registration of all changes in the land register is essential to protect your rights and ensure the legal certainty of real estate.
If you need a real estate lawyer, please contact us at: