Introduction
A probate hearing is a legal process that is carried out after a person’s death to determine who their heirs are, what assets make up the estate and how these assets are distributed among the heirs. In the Republic of Croatia, probate proceedings are regulated by the Inheritance Act. The process begins with the death of the testator and may involve several legal steps that ensure that the estate is properly distributed to the legal heirs or to the testator’s will.
The course of the probate hearing
Decision on inheritance
After all relevant facts have been established and any legal ambiguities have been resolved, the court will issue a decision on succession. The decision must contain a list of the heirs, the size of their inheritance shares and any records or encumbrances borne by the estate.
Conclusion
Probate hearing is a complex legal process that requires a thorough knowledge of the laws and procedures. Engaging legal aid in a timely manner can ensure that all steps are carried out in accordance with the law and that the rights of all heirs are respected.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. For specific legal advice related to probate proceedings, please contact us at:
In this text we bring the most important parts and novelties of the proposal of the Law on Building Management and Maintenance, which has not yet entered into force at the time of publication of this article, all for the purpose of getting acquainted with the significant news that this important regulation brings for all apartment owners in the Republic of Croatia.
Introductory – essential terms
Community of co-owners
The community of co-owners consists of all the owners of special parts of the building. The community of co-owners manages the joint property in the building and is a legal entity with legal personality. The community of co-owners regulates their rights, obligations and mutual relations by an inter-ownership agreement. The community of co-owners may acquire rights and obligations and sue and be sued in matters relating to property management. The community of co-owners participates in legal transactions for the purpose of maintaining and managing the building by identifying themselves with a personal identification number assigned by the Ministry of Finance, Tax Administration by exchanging real-time data with the Register of community co-owners.
Legal personality of the co-owner community
The community of co-owners acquires legal personality on the day of registration in the Register of co-owners. The community of co-owners loses legal personality by deleting it from the Register of co-owners community. The community of co-owners shall be represented by the personal identification number and the name used to enter it in the Register of the Community of Co-Owners. The name of the community of co-owners is the term “Building” indicating the address of the headquarters. The headquarters of the co-owner community is the address where the building is located.
Community Register of Co-owners
The register of the community of co-owners with certain and assigned personal identification numbers is maintained by the State Geodetic Administration. The Register of Co-Owners is an electronic database that is kept uniquely for all communities of co-owners in the Republic of Croatia. For the purpose of determining and assigning a personal identification number to the community of co-owners, the State Geodetic Administration determines a unique identifier to the building and each separate part of the building.
The Minister responsible for physical planning and construction will prescribe the content of the Register of Co-Owners of Buildings, the manner of its management, the application forms for registration, the application forms for entering changes to data and the manner and procedure for determining unique identifiers.
The building manager is obliged to submit an application for registration in the Register of co-owners to the locally competent regional cadastre office, i.e. the City Office for Cadastre and Geodetic Affairs of the City of Zagreb.
The application for registration in the Register of co-owners contains a floor study of the building. If the floor study of the building has not been made, the application for registration is accompanied by a sketch of all floor plans of the building by floors of the building with data on the useful areas of special parts of the building and data on book and non-library owners of the building.
The building manager is obliged to report any change in the entered data within eight days of becoming aware of the changes in the Register of co-owners.
Separate communities of co-owners
If a building has several functional units with separate entrances or there are several separate buildings on one cadastral plot, each of them may establish a separate community of co-owners to which all the provisions of this Act apply.
If work is required on parts of the building that are common to multiple functional units, as well as to decide on how to manage and maintain the common land, decisions are made for the complete property. For the separation, that is, for the formation of a separate community of co-owners, a simple majority of the functional whole that is separated is required. The separating co-owners assume all rights and obligations in proportion to their co-ownership shares. If several communities of co-owners are formed on the same land registry plot, they are obliged to bear the common costs in proportion to the sizes of the useful housing and other areas of each of them, and for the damage that would arise to thirdparties from parts that are common to them or for joint obligations to third parties, they are jointly and severally liable.
Liability for damage
The community of co-owners is liable for damages arising from non-performance or improper execution of tasks relating to the maintenance of the building. The community of co-owners is also liable for damage arising from a part of the building when it is not possible to determine from which special part of the building the damage is derived. In this case, together with the community of co-owners, all owners of special parts and the manager are jointly and severally liable for damage if it is proven that the damage occurred as a result of the manager’s non-compliance with the obligations prescribed by this Law.
Joining the co-owner community
The merger of one or more co-owners communities to another shall be entered in the Register of the Community of Co-Owners. The decision to merge the community of co-owners is made by a simple majority of the co-owners of each of the communities of co-owners in the proceedings. Co-owners’ communities sign an acquisition agreement regulating mutual rights and obligations.
Termination of the co-owner community
Reasons for the cessation of the co-owner community:
1. if the number of co-owners has decreased to one co-owner,
2. merger to another community of co-owners.
In the case referred to in point 1, the building manager as a liquidator is obliged to submit a request to the locally competent regional cadastre office, i.e. the City Office for Cadastre and Geodetic Affairs of the City of Zagreb, for the registration of the cessation of the activities of the co-owner community in the register of co-owners’ communities within eight days from the date of the determination on the termination of the co-owner community.
The liquidator represents the community of co-owners in the liquidation procedure and by opening the liquidation procedure, it is entered in the register of co-owners’ communities as a person authorized to represent the community of co-owners until the end of the liquidation procedure and deletion of the community of co-owners from the register of co-owners.
Court proceedings and application of civil procedure regulations
The community of co-owners is a party to the procedures of forced collection of reserves, exclusion from the co-ownership community and in tax proceedings, and is represented in the proceedings by the building manager.
Before initiating court proceedings, except in the procedures of forced collection of reserves and temporary measures, the community of co-owners is obliged to conduct mediation proceedings, in accordance with the regulation governing mediation procedures.
In court proceedings in which, according to the provisions of the law governing civil proceedings, all co-owners of the building should be sued or one or more co-owners should sue other co-owners, and the basis for initiating proceedings is liability for damage caused by poor maintenance of the building, collection of energy consumption and services in the common areas of the building, reimbursement of costs for necessary and urgent repairs on common parts of the building, the party on the defendant’s side may also be a community of co-owners.
In court proceedings, the community of co-owners is represented by a building manager or proxy authorized to do so by the community of co-owners, respecting all the restrictions prescribed by the law governing civil proceedings.
The court in whose territory the building is located has territorial jurisdiction to resolve disputes.
Common parts and devices of the building
Common parts and appliances of the building (hereinafter referred to as common parts of the building), unless otherwise regulated by the co-owners of the building by an inter-ownership agreement, shall be considered to be:
Maintenance of common parts of the building
Maintenance of common parts of a building is a set of activities that, except in the interest of co-owners, maintain and improve in the public interest the designed properties of the building in terms of meeting the basic requirements for the building and use value at the level prescribed by applicable regulations.
Preservation of based building requirements and subsequent works
In buildings that were built before 1965 and in buildings that were built without reinforced concrete vertical and horizontal serclages, slits in the walls and installation of installation cabinets for all types of installations in the load-bearing walls of masonry buildings may not be performed.
No work on the built buildings may be covered and closed by balconies, loggias and terraces.
No cooling, heating, renewable energy and antenna systems may be installed on the street facades of constructed buildings. Exceptionally, these devices can be placed on balconies, loggias or terraces in such a way that they are not directly visible from the street.
All construction work on built buildings must be carried out in accordance with the regulations governing the field of construction and physical planning.
Installation of elevators
Based on the new Law on Building Management and Maintenance from the state budget, the installation of elevators in existing buildings is co-financed:
The Republic of Croatia will co-finance one third of the total cost of installing elevators in existing buildings.
The program of installation of elevators in existing buildings is adopted by the Government of the Republic of Croatia at the proposal of the Ministry.
Regular maintenance
Regular maintenance are activities that are carried out regularly in order to fulfill the obligations prescribed by applicable regulations and to maintain common parts of the building in functional condition in accordance with the contractor’s statement of the works carried out and the conditions of maintenance of the structure, technical instructions and specifications, standards or as obvious as necessary, or normally reasonable need.
Regular maintenance includes, in particular:
Exceptional maintenance
Extraordinary maintenance is divided into urgent and necessary repairs, and for each type of repair, different assumptions are prescribed.
Hotfix
Emergency repair is an activity that eliminates the cause of immediate danger to life and health of people or to damage to things in the building or outside the building, or an activity that eliminates the threat of basic living conditions in the building.
A hotfix involves bringing the cause of danger into a controlled state as soon as possible. An emergency repair is considered to be undertaking work on the common parts and appliances of a building in particular in the case of:
1. Failures of gas installations
2. Failures of central heating system and hot water system
3. Ruptures, damage and clogging of water and sewerage installations
4. electrical installation failures including electronic communications and video surveillance
5. significant damage to chimneys and flue ducts
6. stormwater penetration into the building, repairing the consequences of the same penetration, and significant damage to the roof
7. impaired static stability of the building or individual parts of the building
8. Elevator failures
9. Falling off parts of the façade, sheet metal and tiles.
The emergency repair building manager should have the consent of the co-owners’ representatives and the consent of the co-owners who own more than 20% of the total usable area of the building for buildings for which no co-ownership parts or co-owners own more than 20% of the co-ownership parts of the building registered in the land register.
The emergency repair costs are liable to the co-owners community and together with it all co-owners in proportion to the size of their co-ownership parts. A manager who has undertaken an emergency repair at his own expense is entitled to reimbursement of that cost from the community of co-owners and all co-owners in proportion to the size of their co-ownership parts.
In order to ensure a proportionate part of the cost compensation, the manager has a legal lien on each separate part of the property.
Necessary repair
Necessary repair is an activity that permanently eliminates the cause of immediate danger to the life and health of people or to damage to things in the building or outside the building, or an activity that permanently eliminates the threat of basic living conditions in the building.
A necessary repair is considered to be the undertaking of work in particular for the sake of:
The building manager for the necessary repair should have the consent of the representative of the co-owners and the consent of the co-owners who own more than 33% of the total usable area of the building for buildings for which no co-ownership parts or co-owners who own more than 33% of the co-ownership parts of the building registered in the land register have not been determined.
Consent is given on the basis of a previously made finding of an authorized person. The finding of the authorized person consists of a technical description of the case with the assessment of the condition and characteristic photographs of the existing condition. The community of co-owners and together with it all co-owners are liable for the costs incurred by the necessary repair in proportion to the size of their co-ownership parts. The manager who has undertaken the necessary repair at his own expense shall be entitled to reimbursement of that cost from the community of co-owners and all co-owners in proportion to the size of their co-ownership parts. In order to ensure a proportionate part of the cost compensation, the manager has a legal lien on each separate part of the property.
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 the amount higher than the reserve funds that the co-owners are obliged to pay during one year.
An investment maintenance project that by its nature or scope exceeds the scope of regular maintenance of real estate is considered an improvement in terms of the law governing ownership and other rights in rem.
Joint Reserve
A common reserve is a monetary means intended for the maintenance of common parts and devices of the building and the management of the building or part of the building.
The funds of the common reserve are used according to the annual maintenance program of joint parts of the building, i.e. a multiannual maintenance and management program of the building to cover the costs of regular maintenance, emergency repairs, necessary repairs, building insurance, work fees to the building manager, procurement of cleaning and maintenance tools, as well as small consumables, loan repayment to finance regular maintenance costs, urgent and necessary repairs and attorneys’ representation costs.
The funds of the common reserve may also be used under the multiannual building maintenance and management programme to cover the costs of investment maintenance and/or repayment of the loan to finance those costs, where this does not prejudice the financing of the costs of the preceding paragraph.
Minimum amount and method of payment of the common reserve
Co-owners are obliged to pay the funds of the joint reserve to a special account of the common reserve in the amount determined by the annual maintenance program of the joint parts of the building, i.e. the multiannual maintenance and management program of the building.
Co-owners are obliged to pay the common reserve monthly.
The minimum amount of the common reserve per square meter of usable area of the apartment per year is 0.54% of the etalon construction price announced by the competent ministry. Information on the etalon price of construction is published in the Official Gazette.
According to the latest published data on the level price of construction as of December 2022, the standard price of construction for application in other regulations was determined in the amount of 796.34 euros per m2 of usable area of the apartment. So, at the time of writing this article, the minimum amount of the common reserve would be 4.3 euros per m2 of usable area of the apartment, variable depending on the changes in regulations.
However, the annual maintenance programme for the common parts of the building, i.e. the multiannual building maintenance and management programme, cannot establish a monthly amount of the common reserve that is less than 1/12 of the above minimum amount of the common reserve. This would mean at the moment that the absolute minimum amount of the shared reserve is 36 cents, variable depending on the changes to the regulations.
It is important to note that if the annual maintenance program of joint parts of the building, i.e. the multi-year building maintenance and management program, is not adopted, the co-owners are obliged to pay a common reserve in the amount of five times the minimum amount of the common reserve, i.e. 0.54% of the etalon construction price
Obligation to secure the building
Through the manager, co-owners are obliged to secure joint parts of the building from the basic risks, i.e. fire, storm, lightning strikes, water outbursts from water supply and sewer pipes as well as liability for damage to third parties.
House rules
The house rules of the building consist of general and special provisions.
The co-owner who does not comply with the provisions of the house rules is obliged to pay the funds from the common reserve, for the month in which he was found to be in breach of the house rules , in the amount of triple the amount of the common reserve.
If the same co-owner repeatedly repeats violations of house rules, co-owners can initiate other legal mechanisms for compliance with the provisions of house rules.
Violation of house rules is determined by the representative of the co-owner with the approval of the simple majority of co-owners.
Special provisions of the house rules may be additionally prescribed by the co-owners of each building within the framework of the ordinary administration, but they cannot deviate from the general provisions.
The general provisions of house rules in buildings are prescribed by the minister responsible for physical planning and construction by the ordinance. The Ordinance will prescribe the orderly use of common areas in the building, the permitted noise level in the use of special parts of the building, the prevention of waste collection in special parts of the building, the time period of house peace as well as deviations in limited cases, the obligations of apartment owners who rent their apartments, all in order to provide tenants with peace of mind in the use of apartments.
CO-OWNERS OF THE BUILDING AND REPRESENTATIVE OF THE CO-OWNERS OF THE BUILDING
Inter-ownership agreement
The rights, obligations and mutual relations of the co-owners of the building in the community of co-owners, with regard to the management and maintenance of the building or the functional unit of the building, are obliged to regulate by an inter-ownership agreement (hereinafter: an inter-ownership agreement).
The inter-ownership agreement shall be concluded in writing. The inter-ownership agreement contains, in particular:
Decisions arising from an inter-ownership agreement bind all co-owners if the contract has been concluded by a simple majority of co-owners. The co-owner’s representative is obliged to submit the inter-owner agreement to the building manager within 15 days of its entry into force.
Co-owners’ meeting
Decisions on the management of the building for the purpose of implementing the inter-ownership agreement and in accordance with the regulations, the community of co-owners is made at the meeting of co-owners.
The meeting of co-owners is convened by a representative of co-owners, co-owners whose area of special parts of the building makes up more than one third of the usable area of the building for buildings for which co-ownership parts have not been determined, i.e. in accordance with the co-ownership ratios registered in the land register that are greater than one third or the building manager.
The invitation for a meeting of co-owners is delivered between five and ten days before the meeting, in writing to the co-owner’s mailbox in the building or to the address of the co-owner’s domicile or residence or via e-mail, by agreement of the majority of co-owners, with an additional mandatory condition by publication on the bulletin board of the building.
The meeting request contains information about the person convening the meeting, the place and time of the meeting, and the agenda of the meeting.
If the meeting of co-owners could not be held twice in a row with an interval of 15 days due to the failure of the required number of co-owners to make decisions, then an extraordinary meeting shall be convened no earlier than seven, and no later than 30 days from the date on which the last meeting was supposed to be held, with the same proposed agenda or the decisions are confirmed by collecting signatures.
A record shall be kept of the meeting of co-owners, signed by the person who convened the meeting, the clerk, all present co-owners of the building and the building manager if he is present at the meeting.
The minutes of the co-owners’ meeting contain information about the residential building, the place and time of the co-owners’ meeting, the attendees, the agenda of the meeting, the proposals presented, the decisions made and the method of voting of the co-owners.
The decision made is binding on all co-owners if it is signed by the prescribed number of co-owners.
Co-owner meeting frequency
The meeting of co-owners is mandatory to be held at least once a year and all issues important for building management are discussed, especially the annual report on management and maintenance, adopts the annual maintenance program of common parts of the building for the next year and the multiannual maintenance program of the building.
Co-owners’ decisions in building management
The decision in the management of the building is made when the decision is positively stated by the simple majority of co-owners.
Such decisions are, in particular, decisions on:
a. election and change of representatives of co-owners as well as councils of co-owners
b. selection and change of building manager
c. annual maintenance program of common parts of the building
d. multi-year building maintenance program
e. annual report on building management
f. insurer of common parts of the building
g. reserve height
h. renovation of the building after the effects of a natural or catastrophic disaster
(i) energy renovation of the building, installation of renewable energy systems, installation of canal infrastructure and charging points for electric vehicles
j. renovation of facades
k. installation of elevators in the building
l. improvements and devices for unhindered access to the common parts of the building with which unhindered access, movement and operation of persons with reduced mobility is allowed
m. how to use common parts of the building
n. house rules
o. taking out loans to finance the maintenance of the building
p. legal representation
q. other issues related to the management of the building, which are decided by the co-owners in the framework of regular maintenance according to the inter-ownership agreement or applicable regulations.
Qualified majority decisions are taken:
1. on the change of the purpose of the common part of the building into a separate part of the building
2. about investment maintenance.
Making a decision by collecting signatures
If, due to the size of the building or for other justified reasons, a meeting of the co-owners cannot be convened with the necessary majority for making a decision, the co-owner’s representative or other interested co-owner will obtain the consent of the co-owner for the decision by collecting signatures on the written decision or by e-mail if the co-owner requests it with proof of identity or with an electronic signature.
The decision is binding on all co-owners, provided it was taken correctly. The co-owner’s representative is obliged to publish the decision on the notice board or submit via e-mail if the co-owner requests it.
Co-owner’s representative
The representative of the co-owners is one of the co-owners elected in such a way that the decision on his election is made by the co-owners by a simple majority.
The representative of the co-owner has the following rights and obligations:
If the co-owners have not elected a representative of the co-owner, the manager is obliged to warn all co-owners in writing to do so within 60 days from the date of delivery of the written warning of the manager. If the co-owners fail to comply with the written warning of the manager, the manager assumes the rights and obligations of the co-owner’s representative until the co-owner is notified of the choice of the co-owner’s representative. The manager is obliged to inform all co-owners of the assumption of the rights and obligations of the co-owner’s representative and the appointment of the person of the coercive representative of the co-owner. The coercive representative of the co-owner has all the rights and obligations of the co-owner’s representative and is entitled to financial compensation for his work.
BUILDING MANAGEMENT
Obligation to entrust the management of the building
The co-owners of the building or part of the building are obliged to entrust the building manager with the building manager. The investor of a newly constructed building is obliged to entrust the building management tasks to the building manager within 30 days from the date of validity of the use permit, except in cases where the investor remains the sole owner after construction.
Building Management Contract
Building management activities are entrusted to the building manager with a building management contract (hereinafter referred to as a management contract) which the co-owners of the building, represented by the representative of the co-owners, conclude with the building manager. The management contract establishes the remuneration of the building manager, the manner of managing and maintaining the building, and the manner of collecting the common reserve.
Building manager
The building manager may be a legal or natural person registered to carry out real estate management activities. The building manager manages the building on behalf of and on behalf of the co-owners within the limits of the powers prescribed by this Act and the law governing ownership and other real and established by the inter-ownership agreement and management contract.
The building manager shall represent the co-owners in connection with the management of the building in proceedings before public law bodies, unless otherwise specified in the management contract. The building manager disposes of the funds of the common reserve according to the annual maintenance program of the common parts of the building, the multiannual building maintenance program, the inter-ownership contract and the building management contract and the decision of the co-owner.
Forced building manager
In buildings where the co-owners have not elected a building manager in the manner prescribed by this Law, the municipal mayor or mayor of the local self-government unit in whose territory the building is located (hereinafter: local self-government units) is obliged to appoint a forced building manager within six months of learning by decision. Only a person eligible for the building manager may be appointed as a forced building manager.
The forced building manager manages the building with the rights and obligations of the manager until the takeover of the building for management by the new building manager. No appeal can be filed against the decision of the MUNICIPALITY, but an administrative dispute may be initiated before the locally competent administrative court. A proposal for the appointment of a forced manager may be submitted to the JLS by any co-owner or manager whose management contract has ceased, but only if the co-owners have not appointed a new manager by the date of termination of the contract.
Rights and obligations of the building manager
In carrying out his activity, the building manager shall have the following rights and obligations:
a. open and maintain a separate account, sub-account or special purpose account, and ensure the conduct of the business of each property separately from the manager’s account
b. ensure that activities are undertaken for regular maintenance and necessary repairs in accordance with the annual maintenance program of common parts of the building, or when this is in accordance with the regulations
c. ensure that activities are undertaken for regular maintenance and emergency repairs when necessary
d. ensure that activities are undertaken for investment maintenance in accordance with the multiannual building maintenance programme
e. ensure that activities are undertaken in a special part of the building in order to eliminate the cause of damage or to impair the characteristics of the common part of the building or other special part of the building, at the expense of the owner of the special part, if the owner of the special part does not remove it himself within 15 days from the date of receipt of the invitation of the building manager
f. ensure the possibility of undertaking emergency repair activities every day of the year for 24 hours
g. provide emergency repairs no later than three hours of reporting the need for repair, i.e. as soon as circumstances which are not affected by the manager allow it
h. ensure that regular inspections and extraordinary inspections of the building are carried out in accordance with the construction regulations attended by the building manager and the representative of the co-owners
(i) propose the amount of an appropriate joint reserve
j. keep records of co-owners or owners of special parts of the building
k. distribute to co-owners and charge the costs of the common reserve and other common costs of real estate (joint consumption of electricity, water, cleaning of the building, etc.) paid from the common reserve
l. take the necessary actions to foreclose overdue and unpaid instalments of the common reserve and other common costs of real estate paid by the co-owners after not paying six instalments
m. regularly cover the joint costs of the building towards third-party resources of the common reserve
n. develop a proposal for an annual maintenance program for common parts of the building, in accordance with the multi-year building maintenance program, liabilities arising from litigation and in accordance with the regulations governing the area of construction, and submit it to the co-owner’s representative no later than 15 November of the current calendar year
o. draft a proposal for a multi-year building maintenance program in accordance with the regulations governing the area of construction, and submit it to the co-owner’s representative no later than 31 December of the current calendar year
p. initiate all necessary procedures before the competent public law authorities for the purpose of registering the building and its specific parts in the land register and cadastre
q. obtain loans necessary to finance the maintenance of the building in accordance with the co-owner’s decision
r. conclude an insurance contract in accordance with the co-owner’s decision
s. on behalf of and on behalf of the co-owner of the building, report the project of energy renovation of the building. i.e. the project of installing heating and cooling systems on renewable energy sources and conclude contracts necessary for the implementation of that project,
t. report on behalf and on behalf of the co-owners of the building projects contributing to greater resilience of buildings to fire and earthquake and conclude the contracts necessary for the implementation of those projects
u. open a special account for the implementation of energy renovation projects of the building, i.e. projects for the installation of heating and cooling systems on renewable energy sources and projects that contribute to greater resistance of buildings to fire and earthquake, and conclude contracts necessary for the implementation of these projects
v. inform the co-owners of the building through the representatives of the co-owners of the work performed within 30 days from the date of the work performed.
w. create and submit to co-owners through representatives of co-owners by February of the current year the annual report for the previous year on the management of the building, which, among other things, must include an overview of individual revenues and expenditures of the common reserve, and data on the method of heating and energy consumption per residential unit.
x. in cooperation with the co-owner’s representative, establish and prepare a record of the state of funds in the common reserve, building debts and claims for which funds have not been initiated and for which legal proceedings have been initiated
y. at the request of the co-owner to make available and enable copying of documents on which the annual report on building management is based and other documents related to building management within 15 days from the date of request by the co-owner
z. inspect the building at least once a year to verify compliance with the basic requirements for buildings, to draw up proposals for a multiannual and annual maintenance program for common parts of the building
Aa. perform other tasks specified by this Act, the law regulating ownership and other actual or contracted by an inter-ownership agreement or other contracts
Bb. record the appointment or revocation of the manager in the land register in
cc. submit jls each signed contract on building management.
In the event of bankruptcy or enforcement against the administrator, the funds in the building’s account are not subject to the bankruptcy estate and cannot be foreclosed on them.
For works and other building maintenance work with a value of more than EUR 2,500.00 , the building manager is obliged to collect at least three independent and comparable bids.
In case you have a problem with a neighbor, tenant representative, building manager or you need to hire a lawyer for legal advice or representation in the field of building management, please feel free to contact us at:
I. INTRODUCTORY PROVISIONS
The new Civil Service and Public Service Salaries Act, which entered into force on January 1, 2024, lays the foundations for the wage system including principles, evaluation and evaluation of work, as well as the salary structure itself. This law defines in detail the criteria and mechanisms for determining the salaries of employees in the state and public service in Croatia. The introductory provisions clarify the subject matter of the Act, the method of application, the basic concepts and gender neutrality of expressions, establishing a legal framework for fair and transparent wage management.
II. PRINCIPLES OF THE PAY SYSTEM
The three key principles of the pay system include pay equality, transparency and the prohibition of discrimination, ensuring fair and equal treatment of all servants and employees.
Servants and employees are paid equal pay for equal work or work of equal value. Women and men who perform equal work or work of equal value in the civil service and public services are entitled to equal pay.
Data on the elements for calculating salaries for posts in the civil service are published on the website of the state administration body responsible for civil service relations. Data on the elements for calculating salaries for jobs in public services are published on the website
the state administration body responsible for work.
III. JOB VALUATION
Job evaluation is carried out through standard benchmarks that include competencies, job complexity, responsibility, collaboration, communication and management. This ensures that wages are established on the basis of objective criteria.
Positions in the civil service and public services are valued using standard criteria for the evaluation and classification of jobs. The standard benchmarks for the evaluation and classification of jobs are:
– competences as a level of formal education, work experience and passed exams,
– complexity and diversity of jobs and independence in work,
– responsibility for life, health and safety, and the impact on decision-making,
– cooperation with other persons and communication with clients,
– the level of management and complexity of the area managed,
– special working conditions (danger to life and health and adverse working conditions).
The method of application of standard criteria in the procedure of evaluation and classification of jobs in state bodies and public services is determined by a decree of the Government of the Republic of Croatia.
IV. ASSESSMENT OF WORK EFFICIENCY
The effectiveness of the work is evaluated annually, and the results of the evaluation can affect promotions and financial bonuses. The bill sets rating guidelines, awards for excellence and consequences for unsatisfactory results.
The decision on the assessment of the effectiveness of the work of servants and employees is made by the head of the state body or the head of the public service or the person authorized by them. The leader is evaluated by the head of the body that appointed him to office.
A civil servant and employee who has been assessed as “not satisfied” shall cease his civil service in accordance with the regulations on civil servants.
A civil servant and employee in the public service who has been assessed as “not satisfied” shall be terminated by regular dismissal in accordance with the general labour regulation.
The procedure, criteria and method of assessing the effectiveness of work is prescribed by the Government of the Republic of Croatia by a special decree. The proposal for that regulation shall be submitted for opinion to representative trade unions.
For individual public services, special regulations are adopted in order to establish specific criteria for assessing the effectiveness of work, just as a special rulebook is adopted to assess the effectiveness of the work of police officers. These regulations are also submitted for opinion to representative trade unions.
V. SALARY AND SALARY SUPPLEMENTS
The salary consists of basic salary and allowances, which may include allowances for seniority, efficiency, extraordinary working conditions and special working conditions. Methods of calculation and payment of salary are also explained in detail.
The basic salary is the salary that an employee earns for performing the duties of the position to which he is assigned or for which he has concluded an employment contract for regular full-time work for a period of one month. The basic salary is the product of the coefficient for calculating the salary of the position to which the employee is assigned or for which he has concluded an employment contract and the base for calculating salary. If the officer and the employee work part-time, he is entitled to pay in proportion to the working hours on which he is employed.
The basis for calculating salary is determined by a collective agreement. If the collective agreement does not contract the amount of the base until the adoption of the state budget of the Republic of Croatia for the next year, it will be determined by the decision of the Government of the Republic of Croatia, in which case the base may not be lower than the last contracted base.
The coefficients for calculating the salaries of jobs in the civil service and public services are determined on the basis of the conducted evaluation of jobs by applying standard criteria for the evaluation and classification of jobs prescribed by this Act.
The coefficient for calculating the salary of the workplace is determined within the range of coefficients of the pay grade in which the position is classified.
Job titles, conditions for scheduling, classification of posts and the corresponding pay grade and coefficients for salary calculation are determined by the Government of the Republic of Croatia by special regulations, separately for civil services and public services. It is necessary to consult representative trade unions on the adoption of the regulation.
The price of an hour of work is calculated by dividing the basic salary of the clerk and the employee plus the seniority allowance with the monthly fund of hours.
Supplements to the basic salary are:
1. allowance for work experience
2. Supplement for work efficiency
3. supplement for completion of studies at postgraduate level
4. supplement for police vocation
5. allowance for work in extraordinary working circumstances
6. supplements for special forms of work organization.
The salary supplement for the efficiency of work shall be paid to the officer and the employee on the basis of assessments of his or her work efficiency. The amount of the salary supplement is determined by the total number of points achieved on the basis of work efficiency ratings.
VI. PAY SCALE AND PAY GRADES
The pay scale consists of 16 pay grades.
The coefficients for the calculation of salary in the pay scale are determined in the range from 1.00 to 8.00.
The ranges of coefficients in pay grades within the single pay scale for state bodies and public services are determined by a Government decree on the proposal of the state administration body responsible for civil service relations.
The positions of officers and employees shall be classified into pay grades on the basis of job evaluation using standard criteria for evaluation and classification.
Positions in public services are classified into pay grades by a special decree adopted by the Government of the Republic of Croatia.
VII. WAGE PROMOTION BASED ON WORK PERFORMANCE ASSESSMENT
The clerk and employee are promoted in salary by acquiring the right to a salary supplement for the efficiency of work. The employee and the employee are entitled to a salary supplement when he achieves the required number of points on the basis of work efficiency assessments.
During the service or employment, the employee retains the number of points achieved on the basis of the assessment of the efficiency of work, regardless of the change of position and the change of the state body or public service in which he is employed.
During one calendar year, a maximum of 5% of the total number of employed civil servants and employees of a government body or public service may receive an “excellent” rating. During one calendar year, a maximum of 15% of the total number of civil servants and employees of a government body or public service may receive a “particularly successful” assessment.
VIII. REWARDING OFFICIALS AND EMPLOYEES FOR ACHIEVED WORK RESULTS
The officer and the employee may be entitled to a one-time cash reward for work results (bonus) achieved during one calendar year. The right to a cash prize is exercised by an employee who has achieved exceptional results during the calendar year.
The criteria for awarding monetary rewards are determined by the rulebook of the head of the state body at the level of division of organizational classification in the state budget for servants and employees of state bodies or public services from its division.
The cash prize may not exceed the non-taxable amount of the cash prize for work results according to tax regulations. Funds for the payment of the award are provided in the state budget, on a special item in the financial plan of the budget beneficiary.
The funds for the payment of cash prizes may amount to a maximum of 0,2 % of the total expenditure for salaries for the regular work of servants and employees in the previous year within all sources of financing of a particular state body or public service. The list of awarded servants and employees shall be publicly published on the website of the state body or public service, in accordance with the regulation on confidentiality of information.
IX. MONITORING AND IMPROVEMENT OF THE PAY SYSTEM IN THE CIVIL SERVICE AND PUBLIC SERVICES
The Council for monitoring and improving the wage system was established, which plays a role in the continuous improvement and adjustment of the wage system.
X. LAW ENFORCEMENT SUPERVISION
Guidelines have been set for monitoring and ensuring compliance with the law, including competencies and procedures to address possible irregularities. Supervision of law enforcement in state bodies is carried out by the state administration body responsible for civil service relations. Supervision of law enforcement in public services is carried out by the state administration body responsible for a particular public service.
XI. TRANSLATION OF JOBS
The Decree of the Government of the Republic of Croatia stipulates the translation of previous job titles in the civil service into new job titles in such a way that, in addition to the job titles established by the previous regulations, new job titles with the corresponding salary grade and the coefficient for calculating wages are listed.
In the period from the date of entry into force of the regulation of the Government of the Republic of Croatia until the schedule of civil servants and employees in accordance with the rulebook on internal order of the state body, the provisions of the aforementioned regulation on the translation of previous job titles into new job titles of civil servants and employees will be applied.
With the entry into force of the regulation of the Government of the Republic of Croatia, it will be considered that the former job titles in the regulations on internal order have been changed to new job titles in accordance with the translation established by the aforementioned regulation.
Within 30 days of the entry into force of the regulation, the state body will notify the officials and employees in writing about the translation of the former job title to which they are assigned and the new coefficient for calculating salaries.
A civil servant and employee who considers that the translation of the job title and the new coefficient for calculating salary has been incorrectly established has the right to request correction within three days from the date of receipt of the notification. If the head of the state body determines that the request is well founded, he will notify the official and employees in writing about the acceptance of his request, and if he finds that the application is not founded, he is obliged to issue a decision establishing the new name of the workplace and the coefficient for calculating salary in the administrative procedure.
In public services, with the entry into force of the regulations of the Government of the Republic of Croatia, it will be considered that the former job titles in the general act establishing the systematization of jobs in the public service have been changed into new job titles in accordance with the translation established in that regulation.
The head of the public service is obliged to offer an amendment to the employment contract within 15 days from the date of entry into force of the Regulation of the Government of the Republic of Croatia. The provisions of the general labour regulation shall apply accordingly to the offer to amend the employment contract to existing servants and employees in public services.
An official and employee in the public service who considers that he has been wrongly established to translate the job title and the new coefficient for calculating salary has the right to request correction. If the head of the public service determines that the request is well founded, he will notify the official and employee in writing of the acceptance of his application, and if he finds that the application is not founded, he is obliged to make a decision on the rejection of the application, and the clerk and employee may seek the protection of the violated right before the competent court in accordance with the general labor regulation.
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The right to build is one of the fundamental institutes of the so-called real law (the law that regulates relations on real estate and movable property – things) that allows the holder of that right to build, be the owner and owner of the built building on someone else’s land. In the Croatian legal system, this right is regulated in detail by the Law on Ownership and Other Real Rights. This article will deal with the legal framework of construction rights, emphasizing its definition, method of establishment, duration, differences in relation to ownership of real estate, ways of termination and advantages over the sale of real estate.
Definition and elements of construction law
The right to build is defined as a limited real right on someone’s land that authorizes its holder to have his own building on the surface of that land or under it, and the everyday owner of that land is obliged to suffer it. The right to build allows the construction and possession of buildings or other structures on someone else’s land. The right to build is legally equated with real estate. The content of this right includes the possibility of building, modifying existing structures, as well as holders and traffic rights. A building that is built, or which is to be built, on land that is burdened with the right to build is belonging to that right, as if it were land. The right to build is inseparable from the land on which it is established.
The right to build may be sold or transferred to third parties, as well as real estate, unless otherwise stipulated in the contract. The right to build can also be burdened with a mortgage, so the bank should look at the right to build as a separate property, and the financing of the construction of the building on the right to build can be secured through a mortgage loan.
Fee for the right to build
Whoever is the holder of the right to build is also the owner of the building belonging to his right, and with respect to land that is burdened by the right of construction, he has the authority and duties of a prolific undertaker; any provision to the contrary is null and void. Therefore, the contract cannot be contracted otherwise.
The holder of the right to build is obliged to pay the land owner a monthly fee for the land in the amount of the average rent for such land, if nothing else is specified. On the other hand, the fee can be arranged differently, such as a fixed one-time fee, annual fee or free of charge. With regard to the contracting of compensation, the freedom of contract shall apply.
Establishment (establishment) of the right to build
The right to build can be established on the basis of a legal transaction (contract) or by a court decision. It is important to emphasize that for the validity of the contract on the establishment of the right to build, registration in the land register is mandatory, thus ensuring the public and legal certainty of this right.
The contract on the right to build must necessarily contain the land registry markings of the land on which the right to build is established, a description of the building and the dimensions of the building intended to be built, the purpose of the building, the provisions on the fee for the right to build, the expiration date of the right to build, the termination of the right to build and the compensation for zgarda, and all other business agreements depending on the specific project and business plan.
The right to build is established by double registration of this right in the land register, by its registration as a burden on the land it burdens and by its registration as a special land registry body in the newly established land register folio.
The registration of the right of construction in the land register as a burden on the land it burdens is possible only on the basis of a written statement of the will of its owner to burden his land thereby; but if the right to build would prejudice the already registered limited real rights on land that would be burdened by the right to build, it can be registered only with the consent of the authorized persons of those rights.
The building, if built, will be inscribed as if it were built on the right of construction. The holder of the construction rights will be entered in the title deed of the new cartridge, and this, unless the owner of the land has otherwise specified, the owner will be registered as the holder of this right.
Duration and termination of construction rights
The right to build can be established for a certain period of time, but the law does not specify the maximum shelf life of the right to build. After the expiration of this period, the right to build could be restored by a new contract establishing the right to build, otherwise it is deleted and the land again becomes the exclusive property of the owner of the land. When it stops, the right to build must be deleted from the land register.
The right to build can also end with the abolition. If a building is not built on the right of construction within twenty years from the foundation of this right, the owner of the encumbered property may demand that it be abolished; if it is not specifically specified, the decision on the abolition will be made by the court at the request of the owner of the burdened property, regardless of the legal basis on which the right to build was founded.
The right of construction on which the building was built, but has been demolished to the point that it cannot be used for the purpose for which it was intended, shall cease from abolition as if the building had not been built, if it had not been rebuilt within six years at least to the extent that it is most necessary to serve its former principal purpose.
Consequences of cessation
With the cessation of the right to build, it becomes the affiliation of the land what the right of construction was legally separated from the land. The relationship between the owner of the land and the person whose right to build has ceased will be appropriately governed by the rules by which relations are judged after the cessation of the right of usufruct, unless something specifically specified is specified.
The owner is obliged to give the person to whom the right to build has ceased to be as much compensation for the building as much as his real estate in traffic is more valuable with that building than without it. In any case, it is recommended that the contract elaborates in detail the rules on the payment of compensation for the building after the termination of the construction rights, as well as in case of termination of the contract. In some contracts, for example, the obligation to remove the building is contracted, then that the building passes to the owner of the land without compensation, as well as the obligation for the expert to assess the value of the land with and without the building, so that the land owner pays the difference in value as compensation for the building.
The difference between construction rights and property ownership
The main difference between the right to build and the ownership of real estate lies in the fact that the right of construction allows the possession and use of buildings on someone else’s land, while the ownership of real estate includes the right to land and everything that is permanently connected with it. The right to build represents a limited right in rem in rem in relation to the full right of ownership.
Advantages of building rights over the sale of real estate
The right to build offers flexibility and financial viability in situations where construction on someone else’s land is a more affordable option. In addition, it allows the exploitation of land without the need for its full acquisition, which can be useful in cases where the purchase of land is financially unprofitable.
Conclusion
The right to build is an important instrument in the legal transaction of real estate, enabling the exploitation of land while preserving ownership rights over it.
If you need a Croatian lawyer for legal advice or drafting a contract on the establishment of construction rights, feel free to contact us at:
The regular procedure of closing the company is liquidation, and which procedure is quite complex and time-consuming, and often creates frustration for entrepreneurs because of the pile of documents that need to be collected. The alternative to this is the so-called termination of the company under a summary procedure, which act was introduced in the Companies Act in order to facilitate entrepreneurs to close their business and the procedure of deleting the company from the court register.
Termination of the company under summary procedure
The termination of the company under summary procedure is regulated by Article 472a of the Companies Act, which provides the following:
The company may terminate under summary procedure without liquidation if all its members agree to make a decision on such termination of the company. In the decision on termination, except for the express indication that the company terminates under summary procedure without liquidation, the following information must be provided: company, registered office, personal identification number and registration number of the entity of the company that ceases, the total number of members of the company, with the indication of the name and surname, residence.
All members of the society are also obliged to make a statement:
– that the company has no outstanding obligations towards workers and former employees of the company or other outstanding obligations based on the employment relationship between workers and former workers,
– that the company has no disputed or indisputable, due or outstanding obligations towards other creditors and
– that each member undertakes to settle, in solidarity with all other members of the society, all remaining obligations of the company, if it subsequently turns out that they exist.
The company must publish without delay on the website of the court register and in the company’s newsletter, if it has one, a decision on the termination of the company under summary procedure without liquidation and a statement that there is no debt.
Registration of the termination of the company
The termination of the company due to the decision of the members to terminate under summary procedure without liquidation must be reported without delay to the registry court for registration in the court register. If the prerequisites for registration are met, the registry court will issue a decision on the termination of the company under summary procedure without liquidation.
Right to object
Members of the company, creditors of the company or state bodies may object to the decision on the termination of the company under summary procedure within 30 days from the date of its publication. The complaint is decided by the register court that issued the decision on the termination of the company under summary procedure. If the court finds that the complaint is well founded or that there is a possibility of damaging creditors or members of the company, it will revoke the decision on the termination of the company without liquidation and inform the company, which must continue the liquidation procedure.
Deleting the company from the register
If no objection has been filed against the decision on the termination of the company without liquidation or the court rejects or rejects the filed complaint, the registry court will issue a decision on the removal of the company from the court register and publish it on the website of the court register.
Responsibility of members of the society
After the deletion of the company from the court register, the members of the company are liable for the obligations of the company that has ceased in summary proceedings without liquidation with their entire assets. Creditors may exercise claims they had against the company against members of the company within two years from the date of publication of the deletion of the company from the court register. A member of the company who settles a claim to the creditor has the right to require each member to reimburse him for the part that falls on him. Unless otherwise agreed, the part that falls on an individual member of the company is determined in proportion to the participation of his business share in the share capital of the company.
Keeping business books and business documentation
Members are obliged to keep business books and documentation of the company within the deadlines specified by special regulations or entrust for safekeeping to a person who provides services of storing business documentation in accordance with the rules governing the handling of archival material and archives. Business books and documentation can also be stored in electronic form. The court register will enter with whom and where the company’s books and documentation are stored. The fee for the storage and storage of the company’s books and documentation shall be settled at the expense of the company prior to its deletion, and may not exceed the justified costs of digitizing the company’s books and documentation, drafting their list and their safe keeping and protection in electronic form.
The court shall grant access to the business books and documentation referred to in the previous paragraph of this Article to shareholders and creditors of the company, as well as to other persons who make it probable that they have a justified interest in doing so. For inspecting the stored business books and documentation of the company and making copies of them, a fee is paid, which cannot be higher than the fee paid for inspecting and making copies of archival material stored in the Croatian State Archives.
Submission of financial reports at FINA
The director of the ceased company must submit an annual financial report to FINA by 30 April of the current year in which it ceased operations, or together with the annual financial statement for public disclosure to be submitted within 6 months of the dissolution of business. The company must not have assets at the time of termination, which means that all assets must be sold, and the same must be harmonized in the business books.
The advantages of the termination of the company under summary procedure for entrepreneurs include:
Speed and efficiency: The shortened procedure allows for a faster cessation of society without going through a lengthy and complex liquidation procedure.
Lower costs: Since the liquidation process is avoided, the costs associated with the termination of the company are much lower.
Simplicity: The process is simpler because it requires fewer procedural steps and less bureaucracy.
Direct decision of the members: The termination of the company depends solely on the consent of all members, which simplifies decision-making within the company.
This procedure is particularly suitable for companies that can reach unanimous agreement among members and that wish to end their operations in a rapid and efficient manner without additional obligations arising from the liquidation process.
For legal advice on the procedure and possibilities of termination of the company, you can contact us at:
According to the provisions of the Croatian Family Act, a prenuptial agreement is called a marriage contract. A marriage contract may be concluded by persons who are married, or persons who are in a common-law union, and who is equal in its legal effects with marriage. In accordance with the law, it is considered that a man and a woman are in a common-law union if they live together (the so-called life union) for at least three years, and if a child is born, then a shorter one. The same conditions are for the life partnership of persons of the same sex, i.e. and these persons will be considered to be in a cohabitation if they live together, i.e. they have had a living community for at least three years.
If a prenuptial or marriage contract is concluded, then the legal rules on matrimonial property will apply to the property of the spouses. Matrimonial property is property acquired by spouses during the duration of the marriage union or originated from that property. The difference between marriage and marriage is that couples can be married, but not in a marital union if, for example, they have ended the relationship and stopped living together (parting), but have not divorced. The property includes everything acquired through the work of any of the spouses, as well as property acquired through a joint venture, regardless of whose name is on the ownership documents. The matrimonial property includes not only tangible property such as real estate and vehicles, but also intangible assets such as intellectual property rights and other rights acquired during the marriage. In the event of divorce, the community property is usually subject to division between spouses, unless otherwise agreed by a prenuptial or marriage agreement or if special legal exceptions apply.
It is important to emphasize that the matrimonial property does not include personal property that spouses had before the marriage or property that they inherited or received as a gift during the marriage, unless otherwise provided by the marriage contract or joint ventures.
1. Legal definition of a pre-marital or marriage contract (hereinafter: marriage contract)
By marriage contract, spouses or common-law partners may regulate their property rights on existing or future property. This property can also be one that does not enter the community property, and property that enters the community property can be excluded.
A key element of the marriage contract is the freedom to contract, i.e. that the spouses may contract anything that is not expressly prohibited by law.
If a marriage contract contracts something in relation to real estate, it must be registered in the land register, otherwise it will not apply in relation to third parties.
2. Basic elements of the marriage contract
The marriage contract should contain clearly defined provisions on:
3. Required contract form
The marriage contract must be drawn up in writing and certified by both parties before a notary in order to be legally valid. It is recommended that each partner have a lawyer who will review the contract before signing, to ensure that they understand all the provisions and consequences.
4. Things to look out for
The marriage contract must not contain provisions that are contrary to public order or morality. Both parties should have sufficient time to consider the contract before signing. It is necessary to ensure a complete and honest exchange of information on the financial condition of both parties. Provisions on e.g. upbringing of children and personal non-property rights and obligations cannot be the subject of a marriage contract, but the subject of the contract must be exclusively property relations on existing or future property.
Conclusion
A marriage contract is a useful legal instrument that allows couples to regulate their current and future property relations in a transparent and fair manner. However, it is important to approach the preparation of this document with understanding and caution, with the professional legal assistance of a lawyer specializing in property and legal relations, and to ensure that the contract is legally valid and fair to both parties.
If you need a lawyer for a marriage or prenuptial agreement, please contact us at:
Employers often encounter the need for restructuring, business optimization or adaptation to new market conditions. One of the ways of adjustment is the business-conditioned termination of the employment contract, which represents one of the most sensitive segments of labor law. This article aims to clarify key aspects of business-related dismissal, including relevant legal provisions, procedure and employee rights.
Key concepts and elements
The business-related termination of the employment contract is defined by the Labour Act and is given in a situation when the need for a particular position has ceased. The cessation of the need for a particular workplace can be conditioned by economic reasons (e.g. falling revenues, falling orders, falling sales, recession, etc.), organizational reasons (e.g. the employer decided to reorganize his business and therefore assessed that some jobs were no longer needed) or technological reasons (e.g. implementing software or buying new machines led to a surplus of certain jobs).
For a business-related dismissal to be legal, it is crucial that the employer can prove that the need for a particular workplace has indeed ceased. If the employer would not be able to prove this, then the worker could initiate a litigation and ask to be returned to the workplace and to be paid a salary for the entire duration of the dispute, i.e. the difference in salary if during the duration of the dispute he was employed in another lower-wage workplace.
Decision-making process on dismissal
The Labour Act prescribes the procedure that the employer must follow when imposing a business-related dismissal, including the obligation to notify and consult with the works council (if any) and the obligation to inform employees about the reasons for dismissal. The employer is obliged to submit a written dismissal to the employee with clearly stated reasons for the dismissal.
If the employer violated the legal rules on the procedure for making a decision on dismissal, e.g. if he did not consult the works council or if he did not justify the decision on dismissal, then such dismissal would automatically be illegal and the worker could successfully initiate a litigation and ask to be returned to work. Therefore, it is very important for the employer to comply with these legal rules.
What do you do when you get a job-related dismissal?
The best thing you can do when you get fired is to consult a lawyer specializing in labor law. A good lawyer will quickly be able to analyze the situation and clarify what your further options are. If serious violations of the law by the employer are found, then it is clear that the so-called request for the protection of rights must be submitted, within 15 days from when you received your dismissal. If the employer would not change his decision upon receipt of the request for the protection of rights, then an action is filed with the competent court at the employer’s seat. On the other hand, if the lawyer judges that you do not have much of a chance, then it is better not to initiate a dispute and expose yourself to the risk of bearing litigation costs. In any case, the most important thing is that the documentation is reviewed by a lawyer who has a lot of experience in labor disputes, and a lot of experience with termination of employment contracts.
Concluding notes
Law Office Bistrović has been engaged in labor law for over 15 years and we have extensive experience in the field of cancellation of employment contracts, conducting disputes due to dismissal, and legal advice in the field of labor law. If you need a lawyer for labor law, contact us and you will get a quick cost estimate and expert analysis of your case. You can always contact us at:
Probate proceedings are non-contentious proceedings conducted by a court to determine the heir and the distribution of the estate. The procedure covers everything that was owned by the deceased at the time of death. In probate proceedings, it is determined who the testator’s heirs are, what constitutes the testator’s estate and which other rights in relation to the estate belong to heirs, loggers and other persons. Probate proceedings are conducted in the first instance before the municipal court or before a notary public as a court commissioner. As a rule, the court will entrust the notary with the conduct of probate proceedings and deliver him a death certificate.
Objections against notary public decisions
As a rule, a record of the actions taken in the proceedings shall be drawn up. Decisions are made in the process in the form of a decision. A notary public is allowed to object against the decision issued as a trustee of the court in probate proceedings within eight days from the date of delivery of the decision to the parties. The complaint shall be submitted to a notary public who is obliged to submit it without delay together with the file to the competent municipal court. The objection is decided by an individual judge. No independent appeal is allowed against the decision of the notary public which quashed the notary’s decision in whole or in part.
Previous actions
Before initiating probate proceedings, certain previous actions such as compiling a death certificate, inventory of property and insurance of the estate are performed.
Compiling a death certificate
When a person dies or is declared deceased, the registrar responsible for registering the fact of death in the register of the deceased will compile a death certificate and submit it to the court, or hand it over to the person on whose request he drew it up. The death certificate is compiled on the basis of data from the register of deceased, data obtained from relatives of the deceased, from persons with whom the deceased lived and from other persons who can provide them. If an incomplete death certificate or just an extract from the register of the deceased has been handed over to the probate court, it shall establish on the record in the probate hearing all the information to be contained in the death certificate. The death certificate has the evidentiary power of a public document only regarding the data taken from the death register.
In addition to the deceased’s personal data and death data, the death certificate should, if possible, indicate the heirs of the first order (spouses and children), other relatives, and an inventory of known property.
List of the deceased’s assets
The inventory of the deceased’s property will be made when it is not known whether there are heirs or where they reside, when the heirs are persons who, due to minors, mental illness or other circumstances, cannot take care of their rights and interests themselves, or in other justified cases. The list may also be drawn up at the request of the testator’s heirs, minutes or creditors.
If special circumstances require this in which the deceased died, and in particular if there is a risk that part of the estate could be stolen or lost, police officers who in these circumstances arrange, on the occasion of their editing, if possible, will list the deceased’s belongings, if necessary seal the premises in which the things are located and submit the list to the registrar responsible for registering the fact of death. In this case, the registrar shall submit the received list to the competent court or notary public.
The list should include all immovable and movable things that were in the deceased’s immediate possession at the time of his death. The list will also include other things that belonged to the deceased and are with the other person, with an indication of who he is with and on what basis, as well as what the deceased possessed, which is claimed to be not his property. The list of assets will record the testator’s claims, as well as debts, and specially unpaid taxes, contributions and other public duties.
Submission and promulgation of wills
A person in possession of a document which he can assume to be the will of the deceased person is obliged to submit it without delay to the nearest municipal court. A person who knows that the deceased has drawn up a will and where it is located is obliged to inform the municipal court. The probate court is obliged to request without delay all the information from the Croatian Register of Wills on possible wills of the deceased person, and from the person and the body entrusted with the will for safekeeping to serve it to him.
When the court with which the will is found determines that the person who left the will has died or has been declared deceased, it will open his will without damaging the seal, it will read it and draw up a record of it. The opening and reading of the will will will be done in the presence of two persons, who may also be heirs. Heirs, recorders and other persons exercising a right from the estate may be present at the promulgation of a will and request a transcript of the will. The municipal court to which it is handed over will open and read the will even when another municipal court or foreign body has jurisdiction for probate hearing.
Initiating probate proceedings
Probate proceedings are initiated ex officio when the court receives a death certificate or an extract from the register of the deceased, or an equivalent document.
If, according to the data available to the court, the deceased has not left the estate, the probate court will decide by decision not to conduct a probate hearing. The court will also act in the case if the deceased has left only movable property and equal rights, and none of the persons called for succession requires that probate proceedings be conducted.
Probate hearing
Probate hearing is the main part of probate proceedings where heir rights and property division are discussed.
A probate hearing will be set for a hearing. In the summons to the hearing, interested persons will be informed about the initiation of proceedings, whether any willhas have already been submitted, and will be invited to immediately serve the court with a written will, i.e. a document on an oral will, if they are present, or to indicate witnesses of an oral will. The invitation will warn interested persons that they can make a declaration of waiver of succession orally at a hearing or a publicly certified document until the first-instance decision on succession is made, and if they do not attend the hearing or do not make such a statement, they will consider that they want to be heirs. If the deceased has left a will, persons who could claim the inheritance by law will also be notified of the initiation of probate proceedings and invited to the hearing.
Subject matter of probate hearing
At the probate hearing, all issues important for making a decision in probate proceedings will be discussed, especially regarding the right to inheritance, the size of the inheritance share and the right to records.
During probate proceedings, interested persons may make declarations without the presence of other interested persons, and it is not necessary in any event to allow those persons to comment on the statements of other interested persons. The rights of persons who have not come to the hearing and have been duly summoned will be decided according to the information available to them, taking into account their written statements that reach the decision. If the heir or his representative is unable to sign the succession statement, he will give the reason to the authorized person, who will record this in the minutes.
Succession statement
Everyone is authorized, but no one is obliged to make an inheritance statement. A person who has not made a declaration of waiver of succession is considered to want to be an heir. A person who has validly made a statement that he accepts the inheritance, can no longer waive it. The statement of succession is signed, i.e. placed by the heir or his representative.
The signature on the certificate of succession, as well as the signature on the power of attorney for issuing the inheritance statement must be publicly authenticated. An heir may waive succession only in his own name, or also on behalf of his descendants.
Referral to litigation over disputes
The court shall adjourn probate proceedings and refer the parties to litigation or proceedings before an administrative authority if facts on which some of their right depends are disputed among the parties, in particular if the facts are disputed:
If in these cases there is no dispute about the facts, but the parties dispute the application of the law, the probate court will not interrupt the probate proceedings, but will discuss legal issues in the probate proceedings. The proceedings shall not be interrupted if they are facts the existence of which the law presupposes, facts which are commonknowledge, and if the facts which can be established on the basis of public or publicly certified documents are disputed, but on the basis of the presumption about the existence of these facts, i.e. that the content of those documents is true, they will issue a decision on succession, and the person who claims the opposite will be instructed by the premises to prove it in the litigation, i.e. in administrative proceedings.
Probate proceedings will be adjourned and the parties will be referred to litigation or administrative proceedings if the facts are disputed between the parties:
The proceedings will not be terminated if the facts that can be established on the basis of public or publicly certified documents are disputed, but on the basis of the presumption that the content of those documents is true, they will issue a decision on succession, and the one who claims otherwise will be instructed to prove it in litigation, i.e. in administrative proceedings. When the proceedings are interrupted for these reasons, it will be examined beforehand whether the prerequisites for the adoption of a partial decision on succession have been met, and it will be adopted if they are fulfilled. The termination of the proceedings does not apply to what is covered by the partial order of succession.
Rules on reference to litigation for succession
The court will refer to litigation or administrative proceedings a party whose right it considers less likely.
If the court terminates the proceedings, it will set a time limit that cannot exceed 30 days, in which the referred party is to initiate litigation or administrative proceedings, and notify the probate court of initiation. If a party acts on the court’s decision within a specified period, the termination of the proceedings will last until the litigation or administrative proceedings are finalized. If a party fails to comply with the court’s decision within a specified period, the proceedings will be terminated and completed regardless of the claims in respect of which the party is referred for litigation or administrative proceedings. In such a case, the party referred to litigation or administrative proceedings may exercise its rights in the proceedings to which it is referred. If the probate court has acted in accordance with the above rule, and even in the event that it has heard the estate and should have referred the party to litigation or administrative proceedings, the finality of the decision of the probate court does not prevent the application from initiating litigation or administrative proceedings.
Decision on succession
The court issues a decision on succession, which represents the legal basis for the transfer of ownership rights to heirs. By the decision on succession, the court determines who became his successor by the death of the deceased and what rights other persons have thereby acquired. The certificate of succession shall state the deceased’s data, information on heirs, real estate marks, and the basis for succession. The decision on succession will be delivered to all heirs and loggers, as well as to persons who have made an application for succession during the proceedings. The final decision on succession will be submitted to the competent tax authority and the competent land registry court no later than 15 days after the expiry of the month in which the decision became final.
In the decision on succession, the court will determine that after the decision on succession becomes final, the necessary entries in accordance with the rules of land registry law are implemented in the land register. In the decision on succession, the court will determine that after the decision on succession to authorized persons becomes final, movable property that are stored with the court, notary public or by their order to a third party. If the will of the heir is ordered to fulfil or secure obligations for the benefit of persons who are not capable of taking care of their rights and interests on their own, or for the purpose of achieving some non-profit purpose, the court will determine the necessary security measures.
The effect of the finality of the decision on succession
It is considered that the final decision on succession determines what is in the composition of the estate, who is the testator’s heir, how much of the inheritance part belongs to him, whether his inheritance right is limited or encumbered and how, and whether there are any rights to records and which. The same applies to the partial decision on succession regarding what has been established by them. What is determined by the final decision on succession can be challenged only by the one who is not bound by the finality of the decision on succession according to the provisions of the Law on Succession. He can refute this only by litigation with persons in whose favor the finding, the truth of which he disputes.
The final decision on succession does not bind persons who claim to be entitled to some right regarding what was found to be part of the estate, if they did not participate as parties in the probate hearing, nor were they duly personally invited to it. The final decision on succession does not bind persons who claim that due to the deceased’s death they were entitled to an inheritance right on the basis of a will or law, or that they were entitled to a record, if they did not participate in the probate hearing as parties, nor were they duly personally invited to it.
The final decision on succession relates persons who, as parties, participated in the probate hearing or were duly personally invited to it, but are not related to:
Subsequently found property
If, after the finality of the decision on succession, property not covered by that decision is found, the court will not re-conduct the probate hearing, but will distribute this property with a new decision on the basis of the previously adopted decision on succession, unless one of the heirs has renounced the succession or ceded his inheritance share to the co-heir. If no probate hearing has been held before, the court will conduct it ex officio only if real estate has been found or rights are equal to them. If no probate hearing has been conducted before, and movables have been found or rights equal to them, the court will conduct a probate hearing only at the request of interested persons.
Concluding notes
Succession is a complex legal process that requires careful treatment in order to properly resolve the rights and obligations of the heir. It is extremely important to comply with legal provisions and procedures in order to avoid legal complications. For professional legal assistance, it is always recommended to hire a lawyer for inheritance law.
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In this article, we will consider key aspects of the legal position of heirs under the Succession Act. The main objective is to provide a clear insight into the processes and obligations that succession entails for heirs.
Opening of the inheritance
The inheritance is opened by the death of a person or his or her proclamation as a deceased. The day of the opening of the inheritance of the person who was declared deceased is considered to be the day when the decision on declaring the person dead became final, if the decision itself does not specify another day as the day of death.
The heir can only be a person who is alive at the time of the opening of the inheritance. A child already conceived at the moment of the opening of the inheritance will be assumed to have been born if born alive. Legal entities are also capable of inheriting on the basis of wills, as well as acquiring rights to records and being the beneficiary of testamentary dispositions, unless something else is stipulated by a special law.
Unworthiness for succession
He is unworthy to inherit, both by law and by will, as well as to receive anything on the basis of a will:
1. the one who intentionally killed the deceased, or attempted to do so;
2. the one who, by force or threat, caused the deceased to make or revoke a will or a testamentary provision, by force or threat, or prevented him from doing so;
3. the one who destroyed or hid the deceased’s will with the intention of preventing the fulfillment of the testator’s last will, as well as the one who forged the testator’s will;
4. one who has severely violated his maintenance obligation towards the testator under which he had a legal maintenance obligation, one who did not want to provide the testator with the necessary assistance, which he could have provided him without danger to his own life, or left him without assistance in circumstances that were dangerous to life or health.
Unworthiness does not bother the descendants of the unworthy and they inherit as if he died before the deceased. Unworthiness ends with the testator’s indulgence given in the form prescribed for the validity of the will. Unworthiness is taken care of ex officio, except in the case of dismissal of maintenance obligations, failure to provide necessary assistance and abandonment of the deceased without assistance in circumstances that are dangerous to life or health.
Moving the estate to heirs
At the time of the deceased’s death, the heir acquires the right of inheritance and the estate of the deceased person passes to him by force of law, thus becoming his inheritance. At the same time, the heir acquires other rights and obligations relating to his or her status as heir, unless anything else arises from their legal nature. The heir remains the heir permanently, unless he validly waives his inheritance right (renunciation of succession).
Disclaimer of inheritance
An heir may waive his succession by a publicly authenticated statement or by a statement given to the record with the court pending the decision on succession. This renunciation also applies to the descendants of the one who renounced, if the denier has not explicitly stated that he is renouncing only in his own name. If the denier’s descendants are minors, this waiver does not require the approval of the authority responsible for custody affairs. An heir who has renounced in his own name is considered as never to have been an heir. If all heirs belonging to the nearest order of succession at the time of death of the deceased are waived, heirs of the next order of succession are invoked for succession. In the event that the other heirs of the first order of succession are waived, the spouse shall remain in the first order of succession.
If the heir died before the end of the probate hearing and did not renounce the inheritance, the right of renunciation passes to his heirs. The same applies in the case where the heir died after the end of the probate hearing and before the first instance decision was made.
Who can not give up the inheritance
An heir who had an inheritance or a part of it cannot be renounced. The measures taken by one heir only to preserve the estate, as well as the measures of the current administration, do not deprive him of the right to renounce the succession.
Content of the declaration of renunciation of inheritance
The waiver of succession cannot be partially or conditionally provided. The waiver of inheritance does not apply to subsequently found property. A waiver in favor of a particular heir is not considered a waiver of succession, but a declaration of the assignment of his inheritance.
A declaration of waiver of succession or acceptance of succession cannot be revoked, but may be challenged under the general rules on the contestation of legal transactions due to defects of will.
Statute of limitations to claim estate
The right to claim the estate as the heir of the deceased towards an honest possessor who also claims to be entitled to it as an heir becomes obsolete for one year from when the heir became aware of his right and of the holder of the estate, and no later than ten years counting for the legal heir from the death of the testator, and for the willable heir from the declaration of the will. According to the unfair possessor, this right becomes obsolete by twenty years.
Liability of the heir for the testator’s debts
The heir is liable for the deceased’s debts. An heir who has waived the succession is not liable for the deceased’s debts. The heir is liable for the deceased’s debts up to the value of the inherited property, with the amount of the value of the inherited property and the value of the testator’s debts already settled by the court paying only attention to the objection of the heir.
When there are more than one heir, they are liable in solidarity for the deceased’s debts, each up to the value of his inheritance share, regardless of whether the division of the inheritance is made. Among heirs, debts are divided in proportion to their hereditary parts, unless otherwise provided by the will. The subject of enforcement for the purpose of obtaining or securing claims of the testator’s creditors towards the municipality or city to which the estate has passed may be only things and rights that are an integral part of the estate.
Separation of the estate
The testator’s creditors may require within three months of the opening of the inheritance that the estate be separated from the heir’s property, if they make probable the existence of a claim and the risk that they would not be able to settle their claim without separation. In this case, the heir cannot dispose of the things and rights of the estate, nor can his creditors be collected from them, until creditors who requested separation are charged.
The deceased’s creditors who have requested this separation may collect their claims only from the funds of the estate. A separate estate can be appointed by a court of custody. At the request of the testator’s creditors, the court may order the safekeeping of the separate estate. The costs of entrusting the estate for safekeeping are to be borne by the creditors who requested it. If the creditor who requested separation does not have an enforceable document or if he has not already initiated proceedings in order to achieve his claim, he is obliged to initiate proceedings for the purpose of obtaining the claim within the time limit set by the court by the decision on separation of the estate. If the creditor fails to initiate the proceedings to which he is referred within the time limit set for him, the court shall, ex officio, repeal his decision on the separation of the estate. The court decides on the creditor’s request by a decision in probate proceedings. The appeal against that order does not delay its implementation.
Successor union and its dissolution
The heirs jointly manage the inheritance property until the division is made.
There is a right to seek the dissolution of the successor community. Pending the determination of how many parts of the right of succession belong to individual heirs, the co-heirs manage and dispose of everything that constitutes an inheritance according to the rules by which the joint owners manage and dispose of things, except what is entrusted to the management of the executor of the will or guardian of the estate. After it is determined how many parts of the inheritance right belong to individual heirs, until the dissolution, the co-heirs manage and dispose of everything that was until then common according to the rules by which the co-owners manage and dispose of things, except what was entrusted to the management of the executor of the will or guardian of the estate.
Dissolution may require any co-heir. Null and void is the testator’s provision prohibiting heirs from ever dissolving the community. Dissolution shall be carried out with the appropriate application of the rules on the dissolution of co-ownership and the effects of dissolution, if the will or this Law does not specify anything specifically.
Assignment of hereditary part before division
Any heir may transfer his inheritance share, in whole or in part, to the co-heir before division. A contract for the transfer of a successive part is valid only if it is drawn up in writing and:
– certified by a judge of the competent court, or
– drawn up in the form of a notarial act, or
– confirmed (solemnized) by notary public. The heir’s contract with a non-heir on the assignment of the heir’s share only obliges the heir to hand over his share to the interlocutor upon the division; by it, the interlocutor does not receive any other right to the division.
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Inheritance based on a will is an important legal institute that allows the deceased to determine how to distribute his property after death. This approach to succession allows you to adapt to the wishes of the deceased, thereby ensuring respect for his last wishes. However, the right of testamentary disposition is limited by the heir’s right to the so-called necessary part. In the continuation of this article, we present the most important legal decisions on the will and the necessary part.
Willability
A will can be made by any person capable of reasoning who has reached the age of 16. A will is null and void if at the time of assembly the testator was not 16 years of age or was not capable of reasoning. Unless proven otherwise, the testator shall be deemed capable of reasoning at the time the will was drawn up. The testator was incapable of reasoning if at that moment he was unable to comprehend the meaning of his manifestation and its consequences, or he was unable to govern of his own will so much as to act in accordance with that knowledge. The loss of reasoning that would occur after a will has been made does not affect its validity.
Annulment of a will due to defects of will
The will will will be revoked upon request if the testator was forced by threat or force to make it or decided to make it because he was deceived or misled. Threat, force or fraud are reasons for the cancellation of a will even when they originate from a third party. Dispositions of the will shall also be annulled upon request if the testator was mistaken about the facts which aroused the testator to make those dispositions. If only certain testamentary provisions are made under threat or force, by fraud, or in error, this does not entail invalidity and other provisions if they can survive without that provision.
The annulment of a will or some of its provisions due to threat or force, fraud or error may only be requested by a person having a legal interest in doing so, within one year of becoming aware of the existence of a cause of invalidity, but no later than ten years after the declaration of the will. A period of one year cannot begin to run before the declaration of a will. According to the person who caused faults in the testator’s will, or knew or should have known about them, the cancellation of the will may be requested within 20 years from the date of the declaration of the will.
Forms of wills
A will can be private (handwritten or written in front of witnesses), public (drawn up by a notary public or other authorized person), or in extraordinary circumstances (orally pronounced in special situations).
Handwritten will
A will is valid if the testator has written it in his or her own hand and has signed it. For the validity of a handwritten will, it is not necessary, but it is useful, that it indicates the place and date when it was drawn up.
Written will in front of witnesses
A testator who can read and write can draw up a will by declaring to two witnesses present that it is his will for the document, regardless of who drew it up, and signing it before them. Witnesses will sign on the will itself, and it is useful to indicate their status as witnesses, as well as other circumstances that could benefit their easier finding.
Public will
Anyone can validly make a will in the form of a public will, and a person who cannot or cannot read or cannot be signed may in ordinary circumstances be willed only in the form of a public will.
The public will shall be drawn up in the Republic of Croatia by a municipal court judge, a court adviser in a municipal court or a notary public, and abroad by a consular or diplomatic-consular representative of the Republic of Croatia (authorised person). The authorized person draws up the will according to the testator’s testimony. The authorized person will read the drafted will to the testator, explain the legal consequences of the will’s disposition and have him sign the will before him. On all actions referred to in the previous paragraph, the authorized person will make a record in the document on drafting the will, confirming that all these actions have been taken. This record is signed by the testator and the authorized person. If the testator is unable to sign the will or the record, he will give the reason to the authorized person who will record this on the will and the minutes. The testator may ask another person to sign it on the will and minutes.
Witnesses of a written will
When drafting a written will before witnesses and a public will, witnesses may be adults who have not been deprived of legal capacity and who know and can read and write. They may not be witnesses when drafting a written will before witnesses or a public will, nor make a will according to the will’s statement in the capacity of an authorized person: the testator’s descendants, his adoptive parents and their descendants, his ancestors and adoptive parents, his relatives in the collateral line up to the fourth degree, the spouses of all these persons or the testator’s spouse. Testamentary provisions are null and void which leave something to the person who made the will, to witnesses in drawing up it, to their spouses, their ancestors, their descendants, their relatives in the collateral lineage to the fourth degree of kinship, and to the spouses of all these persons.
Wills in extraordinary circumstances
The testator may manifest his last will orally before two witnesses present at the same time only in extraordinary circumstances for which he is unable to make a will in any other valid form. The oral will shall cease to be valid when 30 days have elapsed since the termination of the extraordinary circumstances in which it was made. Witnesses of an oral will can only be persons who can also be witnesses of a public will, but they do not need to be able to read or write.
Contents of the will
The will should clearly determine the heirs, may contain certain orders, conditions, as well as the appointment of the executor of the will.
The deceased is authorized to dispose of everything he was authorized to dispose of in the event of death during his lifetime, unless something specifically prescribed. The testator may, by will, produce the same legal effects that he could have done in his lifetime by unilaterally manifesting his will, if nothing else is prescribed. The testator may, by his will, cause only the hereditary legal effects provided for in this Law. How limited the testator in the freedom of disposal is for the benefit of his family members, determine the provisions on the necessary succession of this Law.
The testator may designate one or more heirs by will. An heir on the basis of a will is a person designated by the testator to succeed him in whole or in proportion. A person who has been left with one or more certain things or rights by will shall also be considered an heir, if it is established that the testator’s will was for that person to be his heir.
Executors of wills
The testator may designate one or more persons as executors of the will by will.
The executor of a will can be any legally capable person, as well as a legal person. The person designated as the executor of the will is not obliged to receive this duty. It shall be deemed that he has accepted the duty of executor of the testator’s will by a person designated to do so by the testator if he has not expressly stated before the court immediately after the declaration of the will to which he was present that these duties are not accepted. It shall be deemed that he has not accepted the duty of executor of the testator’s will a person designated for it by the testator who was not present at the declaration of the will, if not to the court, after informing him that he or she was appointed executor of the testator’s will, within the time limit set by the court, he stated without delay that he accepted that duty.
Revocation of a will
A will may be revoked or changed by a new will, under certain circumstances.
The testator may always revoke the will, in whole or in part, by a manifesto given in any form in which a will can be made by law. The testator may revoke the written will and destroy the document. In other words, the rules on the validity of the will are applied accordingly as regards the validity of the will.
If the later will does not expressly revoke the earlier will, the provisions of the earlier will remain in force if and unless they are contrary to the provisions later. If the testator has revoked the later will, the earlier will regains its force, unless it is proven that the testator did not want it. The same applies in the event that he revoked the revocation of the will. Any subsequent disposal of the testator’s willing disposition of a thing or right intended by a will to someone is considered a revocation of the purpose of that thing, i.e. the right.
Testamentary dispositions in favour of the testator’s spouse will be deemed to be revoked if the marriage has terminated on the basis of a final judgment after the will has been drawn up, unless the testator has otherwise determined by his will.
Necessary heirs
Special attention is paid to the necessary heirs who, despite the testator’s wishes expressed in the will, are entitled to a certain part of the estate.
Who are the necessary heirs:
The necessary heirs are the testator’s descendants, his adoptive parents and their descendants, and his spouse. The deceased’s parents, adoptive parents and other ancestors are necessary heirs only if they are permanently unfit for work and do not have the necessary means of subsistence.
What are the rights of heirs in dispensation:
from the part that would belong to each individual of them in the legal order of succession.
Calculation of the value of the necessary part
The value of the estate on the basis of which the value of the reserved share is calculated shall be determined as follows:
It will not be taken into this account and the value of gifts made for the achievement of non-profit purposes, as well as gifts that are not counted to the heir on the basis of the law itself, are not counted in his inheritance portion.
What is considered a gift and what is the value of the gift
A gift is also considered to be a renunciation of rights, debt forgiveness, what the deceased gave to the heir during his lifetime in the name of the hereditary part, either for the purpose of establishing or expanding a household, or for the purpose of exercising his occupation, as well as any other disposal without compensation. When assessing the gift, the value of the gifted thing is taken at the time of the deceased’s death, and according to its condition at the time of the donation. When the gift consists in insurance in favour of the endowment, the sum of the instalments of the premiums paid by the deceased will be taken as the value of the gift if that sum is less than the indemnity, and if the sum of the instalments of the premium is greater than the indemnity, the amount of the insured will be taken as the value of the gift.
Conclusion
The will must be carefully drawn up respecting the rules on the form and content of the will, as well as the heirs’ rights to the reserved part. In order to protect the rights of all parties involved, especially the necessary heirs, we recommend hiring a lawyer when drafting a will.
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