Introduction
A handwritten will without a witness, also known as a holographic will, is a legal document by which a person expresses his wishes for the distribution of property after death, and it is drawn up by hand without the presence of witnesses. According to Croatian law, such a will must be fully written, dated and signed by the testator’s hand. This form of will is simple and economical, but it has its advantages and disadvantages to consider.
History and application in other legal systems
Holographic wills exist in many legal systems around the world, including civil and customary legal systems. Historically, this form of will allowed people who did not have access to lawyers to express their last wishes. In France, Germany, Switzerland and many U.S. states, holographic wills are a recognized form of will. Their historical application is based on convenience and accessibility, providing testators with an easy way to express their wishes.
Form of a handwritten will
In order for a handwritten will to be valid, it must meet several key elements:
Advantages of a handwritten will
Disadvantages of a handwritten will
Case law
Case law in Croatia and other countries shows that handwritten wills are often the subject of disputes precisely because of the lack of witnesses and ambiguities in the text. However, courts are often prepared to recognise the validity of such wills if the basic conditions are met, and if there is no evidence of coercion, fraud or incompetence on the part of the testator.
Conclusion
A handwritten will without witnesses is a practical and economical way of expressing a last will, but it carries risks that need to be carefully considered. It is advisable, whenever possible, to consult with a will lawyer to avoid unnecessary legal complications.
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Introduction
Matrimonial property in Croatia is regulated by the Family Act. This law defines precisely what is considered to be the joint property of the spouses and how this property is divided in the event of divorce. There is no uniform regulation of matrimonial property at the level of the European Union, but each member state has its own laws and regulations. Nevertheless, there are certain similarities and principles that apply in most European countries. For example, in Slovenia, matrimonial property is regulated by the Marriage and Family Relations Act, while in Serbia it is regulated by the Family Act.
Legal definition of matrimonial property
According to the Family Act of the Republic of Croatia, matrimonial property includes all property acquired by the spouses through work during the marital union or that originates from such property. The matrimonial property belongs to the spouses, regardless of which of them contributed to the acquisition of the property.
What property is included in the matrimonial property?
The matrimonial property includes:
What is considered a marital union and what is not considered a marital union?
A marital union implies a common life of spouses based on mutual respect, trust and support. This includes living together, caring for each other, and participating in all aspects of living together.
A period when the spouses are formally still married but no longer live together or share common obligations and duties is not considered a marital union. Such a period may include situations where the spouses are in the process of divorce or when they have decided to live separately for various reasons.
Examples from case law
Recognized as matrimonial property:
Not recognised as matrimonial property:
Marriage and prenuptial agreement
The property relations of the spouses may be regulated by a marriage or prenuptial agreement. These agreements allow the spouses to define in advance how their property will be divided in the event of divorce, thus avoiding potential disputes and disagreements. You can find out more about this at the link prenuptial agreement lawyer.
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Introduction: What is an NDA?
An NDA, or Non-Disclosure Agreement, is a legal document used to protect confidential information between two parties. Its purpose is to prevent the disclosure of sensitive information to third parties without the consent of the owner of the information. An NDA is a key tool for the protection of intellectual property, trade secrets and other confidential information in business collaborations.
Legal regulation of NDA in different states
Croatia: In Croatia, NDA contracts are regulated by the Civil Obligations Act and the Act on the Protection of Undisclosed Information with Market Value. Case law and the contracting parties also play a key role in the formulation and implementation of these contracts.
European Union: In the EU, the protection of trade secrets is regulated by Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against unlawful acquisition, use and disclosure. This Directive provides for common standards for the protection of trade secrets within the Member States.
United States: In the US, NDAs are regulated at the state level, with some federal laws also playing a role, such as the Trade Secrets Protection Act of 2016. (Defend Trade Secrets Act – DTSA).
China: China has recently improved its trade secret protection laws through amendments to the Unfair Competition Prevention Act and the Trade Secrets Law. These laws provide fundamental protections for trade secrets and confidential information.
What data is most often protected with an NDA and when is it signed?
The data most commonly protected by an NDA includes business plans, marketing strategies, financial data, client lists, innovative products and technologies, as well as any information that can provide a competitive advantage. An NDA is usually signed in the early stages of a business collaboration, before the confidential information is shared with the other party.
Clauses that an NDA should contain
Definition of Confidential Information: A clear definition of what is considered confidential information.
Obligation of confidentiality: A precise description of each party’s obligations to protect confidential information.
Exclusions: Detailing information that is not covered by the NDA.
Duration of confidentiality: Specifying the period of time for which information must be kept confidential.
Liability for Violation: Defining sanctions for breach of contract.
Law and Jurisdiction: Determining the applicable law and jurisdiction to resolve disputes.
Return and Destruction of Information: A procedure for the return or destruction of confidential information upon expiration of a contract.
Describing a trade secret
Trade secrets should be described clearly and precisely, but in a sufficiently general way to cover any information that may be relevant. For example, instead of mentioning a specific formula, ‘all technical information related to the development of product X’ may be indicated.
Circumvention and abuse of NDA
Examples of how an NDA can be circumvented include not defining confidential information precisely enough or poor contract enforcement. Abuse may include situations where the party who received the information uses or discloses that information without consent. Known cases of NDA violations include cases where former employees used confidential information for competitive advantage in new jobs.
Famous court cases
In the USA, the case of Waymo v. Uber, where Uber has been accused of stealing trade secrets related to autonomous vehicles. In the EU, one of the more well-known cases involves Nokia, which used confidential information from a former employee of a rival company.
The most important clauses for the protection of trade secrets
The most important clauses in the NDA include a clear definition of confidential information, a strict obligation of confidentiality, and detailed sanctions for breach of contract. The valuation of the damage caused by the breach of the NDA can be carried out by estimating the actual financial damage caused by the breach or by using methods to estimate the loss of profits and the market value of confidential information.
In conclusion, an NDA is a crucial tool for protecting confidential information in business collaborations. Its proper compilation and implementation can significantly reduce the risk of loss of intellectual property and other confidential data.
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What is A1 Form?
The A1 form is a key document that allows workers within the European Union to prove that they are socially insured in their home country while working abroad. This form is regulated by Regulation (EC) No. Regulation (EC) No 883/2004 on the coordination of social security systems. Its purpose is to ensure that workers who work temporarily in another EU member state retain their right to social security in their home country. The A1 form is particularly important for employers and self-employed people who want to ensure that their workers or themselves are not double taxed in terms of social contributions.
How to obtain an A1 form?
To obtain an A1 form, an application must be submitted to the competent social security authority in the country of residence. In Croatia, this application is submitted to the Croatian Pension Insurance Institute (HZMO). It is necessary to submit basic information about the employee and the employer, including proof of employment or self-employment, a business cooperation agreement with a foreign company, and information about planned work abroad. In addition, it is necessary to provide the planned period of work in another EU Member State, as well as details of the nature of the work to be performed. As a rule, the processing of applications is very fast.
How long can a referral based on the A1 form take?
Posting of workers based on the A1 form can last up to 24 months. In specific circumstances, this period may be extended, but only with the approval of the competent authorities of both Member States involved in the posting. If the worker or employer anticipates that the work engagement will last longer than 24 months, it is necessary to apply for an extension in advance or seek another arrangement that complies with EU rules on social security coordination.
Procedure for notification of a third Member State
Before starting work on the basis of the A1 form in a third Member State, it is necessary to inform the competent authority of that Member State. This notification includes sending a copy of the A1 form together with additional information about the planned work and duration of the referral. The notification process can vary from state to state, but typically involves sending documentation by mail or electronically. Timely notification is crucial to avoid legal complications and ensure smooth recognition of social security.
What happens when the A1 form expires?
When the A1 form expires, the worker must return to their home country or obtain a new form to continue working abroad while retaining social security in their home country. If the worker or employer wants to extend the posting period, it is necessary to resubmit the application to the competent authority for the issuance of a new A1 form. The extension requires proof that the circumstances that led to the initial posting are still present and that the worker is still considered to be employed or self-employed in his home country. In some cases, it may be necessary to obtain additional documents or clarifications to allow for an extension.
The A1 form is an indispensable tool for workers and employers within the EU, allowing them to reap the benefits of the single market while retaining their social rights. Timely preparation and an accurate procedure are key to the successful posting of workers abroad.
Here you can find out more about posting workers in the EU and A1 form.
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Introduction
Preparing a valid will is a crucial step in ensuring that your assets and wishes are respected after your death. In Croatia, the Succession Act prescribes different forms of wills and specific formal requirements for their validity. In this article, we will consider the types of wills under Croatian law and the formal prerequisites for the validity of each of them.
Types of wills and formal presumptions of validity
1. Private wills
Handwritten will
A handwritten will is the simplest form of a will where the testator writes the entire text of the will by hand and signs it. For the validity of a handwritten will, it is not necessary, but it is recommended, that it states the place and date of drafting.
Requirements:
Written will in front of witnesses
This form of will is drawn up in writing, regardless of who wrote it, but it must be signed in front of two witnesses present at the same time who will also sign the will. Witnesses do not need to know the contents of the will.
Requirements:
2. Public wills
A public will shall be drawn up before a notary public, a court or a diplomatic or consular representative of the Republic of Croatia abroad. An authorized person draws up a will according to the testator’s statement and then reads it to him, explains the legal consequences and instructs him to sign it in front of him.
Requirements:
3. Oral wills
An oral will can only be valid in exceptional circumstances where the testator is unable to draw up a written will. An oral will ceases to be valid 30 days after the extraordinary circumstances have ceased.
Requirements:
Declaration of the testator’s last will before two witnesses present at the same time.
Witnesses are obliged to write the contents of the will without delay and hand it over for safekeeping, or to repeat it orally before the court or notary.
Conclusion
Choosing the right type of will and meeting all the formal prerequisites are essential to ensure the validity of the will. It is advisable to consult a legal professional when drafting a will to avoid any potential legal difficulties and ensure that your will is fully respected.
Find out all about inheritance based on wills and the right to a reserved share here.
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The procedure for adopting a new Building Management and Maintenance Act is underway, which should bring significant changes in the field of building management. Although the law has not yet entered into force, the public consultation reveals key innovations that will affect both tenants and building managers.
New law
The new law on the reserve is currently in the public consultation phase, which means that it is open to suggestions and comments from citizens. The aim of the law is to modernise and improve the management of residential buildings and to ensure a more transparent and efficient management of the reserve. The main changes proposed relate to the obligations of tenants and building managers, with an emphasis on transparency, accountability and increased control of finances.
News for tenants
According to the draft of the new law, tenants will have several new obligations and responsibilities:
Community of co-owners
The community of co-owners consists of all owners of special parts of the building. The community of co-owners manages the common property in the building and is a legal entity with legal personality. The association of co-owners regulates its rights, obligations and mutual relations by means of an inter-ownership agreement. A community of co-owners may acquire rights and obligations, and sue and be sued in matters relating to the management of property. The community of co-owners participates in legal transactions for the purpose of maintenance and management of the building by identifying itself with a personal identification number assigned by the Ministry of Finance, Tax Administration by exchanging data in real time with the Register of the Community of Co-owners.
Separate communities of co-owners
If the building has several functional units with separate entrances or there are several separate buildings on one cadastral parcel, each of them may establish a separate community of co-owners to which all provisions of this Act apply.
Liability for damage
The community of co-owners is liable for damage caused by non-performance or improper execution of works related to the maintenance of the building. The community of co-owners is also responsible for damage caused by a part of the building when it is not possible to determine from which specific part of the building the damage originates. In this case, together with the community of co-owners, all owners of special parts and the manager shall be jointly and severally liable for the damage if it is proven that the damage occurred as a result of the administrator’s failure to comply with the obligations prescribed by this Act.
Elevator installation
On the basis of the new Building Management and Maintenance Act, the state budget co-finances the installation of elevators in existing buildings:
The Republic of Croatia will co-finance one third of the total costs of installing elevators in existing buildings.
The program for the installation of elevators in existing buildings is adopted by the Government of the Republic of Croatia at the proposal of the Ministry.
Investment Maintenance
Investment maintenance includes activities aimed at improving the designed or achieved properties of the building, for which it is necessary to allocate funds in an amount higher than the reserve funds that the co-owners are obliged to pay during one year.
An investment maintenance intervention that exceeds the scope of regular maintenance of real estate by its nature or scope is considered an improvement within the meaning of the law governing ownership and other real rights.
Building Manager News
Forced building manager
In buildings in which the co-owners have not elected a building manager in the manner prescribed by this Act, the municipal mayor or mayor of the local self-government unit in whose area the building is located (hereinafter: local self-government units) shall be obliged to appoint a compulsory building manager by a decision within six months of becoming aware. Only a person who meets the conditions for a building manager can be appointed as a compulsory building manager.
The compulsory building manager manages the building with the rights and obligations of the manager until the building is taken over for management by the new building manager. No appeal can be lodged against the decision of the local self-government unit, but an administrative dispute can be initiated before the locally competent administrative court. A proposal for the appointment of a receiver may be submitted to the local self-government unit by any co-owner or manager whose management contract has been terminated, but only if the co-owners have not appointed a new administrator by the date of termination of the contract.
Obligation to collect bids
For works and other works on the maintenance of the building, the value of which exceeds EUR 2,500.00, the building manager is obliged to collect at least three independent and comparable bids.
Conclusion
The new law on the reserve is still in the process of being adopted, and changes are possible before it enters into force. Its final form will depend on the results of the public consultation and the proposals to be considered by the legislator.
Here you can ready everything about the new Residential management and maintenance act.
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The general rules on annual leave for public service employees are contained in the Labour Act and the Basic Collective Agreement for Public Service Employees. Special rules on annual leave for employees of public services may be contained in branch collective agreements, employment contracts and internal acts of the employer (e.g. Labour Regulations, etc.). In this text, we will elaborate on the rules of annual leave in accordance with the provisions of the Basic Collective Agreement for Employees in Public Services, which is in force from March 1, 2024.
General rules on annual leave
For each calendar year, an employee is entitled to paid annual leave in the shortest duration prescribed by the general labor regulation, i.e. 4 weeks under the Labor Act.
The minimum duration of annual leave is increased according to individually determined criteria, which are regulated by the branch collective agreement.
Employees who work in 12-hour shifts will use their annual leave as if they were working in a five-day working week for eight hours a day.
The total duration of annual leave may not be less than the minimum duration of such leave determined by the Labour Act, nor more than 6 weeks or 30 working days for work in a five-day working week.
During the use of annual leave, the employee is paid salary compensation in the amount of his/her average monthly salary earned in the three months preceding the month in which he/she takes annual leave (including all income in cash and in kind that represents remuneration for work) or in the amount as if he/she had worked during regular working hours, whichever is more favourable for the employee.
Salaries earned in the previous three months are considered to be salaries earned for work in the three months preceding the month of annual leave.
If in the previous three months the employee has exercised the right to salary compensation for part of the period or for the entire period, then during that time the employee is calculated salary compensation in the amount as if he had worked during regular working hours and as such is included in the average salary.
Salary compensation is understood as salary compensation paid during sick leave, i.e. salary compensation whose amount is less than the amount of salary compensation that the employee would have earned if he had worked during regular working hours.
A blind employee and an employee who works in jobs where it is not possible to protect the employee from harmful influences even with the application of occupational safety measures, is entitled to annual leave for each calendar year in the duration of at least 6 weeks. The duration of annual leave in these cases is determined by the branch collective agreement.
Days that do not count towards annual leave
When determining the duration of annual leave, weekly rest days, holidays, non-working days determined by law and days of paid leave are not taken into account.
The period of temporary incapacity for work determined by a licensed doctor is not included in the duration of annual leave.
Annual leave in parts and use of unused annual leave
An employee may use annual leave in two or more parts, in agreement with the employer.
An employee has the right to use one day of annual leave twice as desired, with the obligation to inform the employer or a person authorized by the employer at least two days in advance.
Vacation schedule
When determining the schedule (plan) for the use of annual leave, and in accordance with the needs of work organization, the employer is obliged to take into account the needs and wishes of employees, and in this sense collect their proposals and consult with the works council, i.e. the trade union commissioner with the rights and obligations of the works council.
Notice on the use of annual leave
The employer is obliged to deliver to the employee a written decision, i.e. a decision on the duration of annual leave and the period of its use, no later than 15 days before the start of the annual leave.
An employee may postpone or terminate the use of annual leave only for the purpose of performing particularly important and urgent official tasks, based on the decision of the employer.
Particularly important and urgent official tasks are considered to be tasks that cannot be performed in any way by employees who do not use annual leave, and the work is of such a nature that it cannot be postponed.
An employee whose annual leave has been postponed or interrupted must be allowed to use it later, i.e. to continue using annual leave.
An employee is entitled to reimbursement of actual costs caused by the postponement or interruption of the use of annual leave. Travel and other expenses are considered expenses.
Travel expenses are the actual transport costs incurred by the employee due to arriving at the place of employment and returning from the place of employment to the place where he used his annual leave at the time of interruption, as well as the daily allowance for returning to the place of employment, under the conditions and in the amount specified in this Agreement.
Other costs are other expenses incurred by the employee due to the postponement, i.e. interruption of annual leave, as evidenced by appropriate documentation.
In the event of an interruption of annual leave due to paid leave or a period of temporary incapacity for work, the employee is obliged to return to work on the day on which his annual leave would have ended regularly if there had been no paid leave or temporary incapacity for work. The rest of the annual leave will be used later, according to the agreement with the employer. If the paid leave or period of temporary incapacity for work ends after the annual leave is due to end, the employee should return to work at the end of the period of paid leave, i.e. the period of temporary incapacity for work.
Exception to the right to a proportionate part of annual leave
An employee who retires is entitled to full annual leave for that year. Need an employment lawyer, please contact us at: info@odvjetnik-bistrovic.hr
On 1 January 2024, the new Civil Service and Public Service Salaries Act (Official Gazette 155/23) came into force, which brings significant changes to the payroll system for employees in these sectors. This law regulates the principles of the wage system, job evaluation, evaluation of work efficiency and the allocation of supplements to the basic salary. The aim of the new law is modernization, transparency and fairer distribution of wages. A particularly important aspect of this law are the new salary calculation coefficients and the new salary grades for civil servants.
Basic salary
According to Article 12. of the Civil Service and Public Service Act, the basic salary consists of the product of the coefficient for calculating the position to which the employee is assigned or for which he or she has concluded an employment contract and the basis for calculating the salary. If this amount is less than the minimum prescribed by law, then the minimum prescribed statutory salary will be considered as the basic amount. The basis for the calculation of salaries shall be determined by a collective agreement.
Salary calculation coefficients
One of the key elements of the new Act are the coefficients for the calculation of salaries, which are described in detail in Article 14. These coefficients are determined on the basis of the conducted job evaluation using standardized criteria defined by the Act itself. The coefficients must be within the range of the salary grade to which a particular position belongs. This means that each job has its own specific coefficient that reflects the complexity of the job, responsibilities and the necessary qualifications.
Salary grades
Salary grades represent categories within which different jobs are grouped according to their complexity and responsibilities. The salary scale consists of 16 salary grades, within which the coefficients for calculating salaries are determined in the range from 1.00 to 8.00. The salary grade defines the range of possible coefficients. Each employee will be classified within a specific salary grade according to the above criteria. Posts of civil servants and employees shall be classified into salary grades on the basis of job evaluation using standard criteria for evaluation and classification.
The coefficients for the calculation of salaries, salary scale and salary grades are not defined by the Act itself, but by separate regulations adopted and amended by the Government of the Republic of Croatia, after consultation with the trade unions representative for negotiating the conclusion of a collective agreement.
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Introduction
An employment contract can be terminated in several ways, including by the expiry of the period for which it was concluded, by agreement between the employee and the employer, by a decision of the competent court or by dismissal. According to the Croatian Labor Act, dismissal can be regular or extraordinary, and can be given by the employer or employee. Below we will explain in detail the different types of cancellations, their conditions and consequences.
Business-related dismissal
Definition and types: Business-related dismissal is a type of regular dismissal given by an employer to an employee for economic, technical, or organizational reasons. This may include a reduction in workload, the introduction of new technologies, restructuring, or other changes that affect the need for certain jobs.
Rules:
Dismissal conditioned by the employee’s misconduct
Definition: This dismissal is given by the employer due to the employee’s misconduct, i.e. due to violation of work obligations.
Rules and consequences:
Extraordinary dismissal
Definition: Extraordinary dismissal is a dismissal that may be given without a notice period due to an extremely serious breach of work obligation or other particularly important reasons that prevent the continuation of the employment relationship.
Conditions:
Regular dismissal of the worker.
Definition: Regular dismissal is a dismissal given by an employee to an employer for personal reasons.
Rules:
Conclusion
Termination of an employment contract is a serious legal action with legal consequences and requires careful adherence to legal provisions. Employers and workers must be aware of their rights and obligations in order to ensure the legality and fairness of the dismissal process. It is always advisable to consult with an employment lawyer before taking any steps regarding the termination of the employment contract.
This article is for informational purposes only and does not constitute legal advice. For specific legal advice in the field of labour law, please contact us at:
Introduction
Prenuptial agreements, while often considered a taboo subject, can be a crucial tool for ensuring financial stability and transparency in a marriage. According to the Family Act of the Republic of Croatia, the term “prenuptial agreement” is actually not correct, because such contracts are called “marriage contracts”. A marriage contract is a legal document that spouses conclude to regulate their property relations, and can include property acquired before and during the marriage.
Matrimonial property
One of the key terms in the context of marriage contracts is matrimonial property. According to Article 36. of the Family Act, matrimonial property is property acquired by the spouses through work during the marital union or which originates from such property. Winnings from games of chance are also considered marital property, as well as the property benefit from copyrights obtained during the marital union. On the other hand, each spouse’s own property includes property owned by each of them prior to the marriage, as well as property acquired by inheritance, gift or other means not related to work during the marriage.
What can be regulated by a marriage contract
The marriage contract gives the spouses the freedom to regulate their property relations in detail. This contract can regulate the division of real estate, shares in companies, shares, loan payments, and other property rights and obligations. A marriage contract can regulate property relations on existing or future property. Also, according to third parties, articles on the management or disposal of property have legal effect only if they are entered in the relevant public registers.
Form of marriage contract
In order for a marriage contract to be valid, it must be concluded in writing and the signatures of the spouses must be certified by a notary. A contract concluded in this way ensures legal protection and clarity in the event of any disputes. Certification by a notary public also confirms the authenticity of the signature and the will of the parties to conclude the contract.
Conclusion
A marriage contract is not only a legal document but also an instrument that allows the spouses to agree and secure their property relations in advance, thus reducing the possibility of disagreements and legal problems in the future. A properly drafted and certified marriage contract can significantly contribute to stability and transparency in a marriage, protecting the interests of both spouses. It is always advisable to consult a contract and property lawyer when drafting and concluding a marriage contract to ensure that all legal provisions are complied with.
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