The action by stages was introduced into the Croatian civil procedure law by the 2003 Law on Amendments to the Civil Procedure Act, with the aim of increasing the general quality and efficiency in providing legal protection and improving the general functioning of civil procedure. Courts do not keep records of the number of received actions by stages lawsuits, but available case law indicates that difficulties do exist and thus the need for a serious approach to this issue. The aim of this paper is to point out the importance of understanding the legal institute of action by stages with an emphasis on its practical application. Participants in court proceedings who apply to the court by filing an action by stages must be aware of its legal effects at certain stages of civil proceedings. On the other hand, the court must also ensure the lawful application of this institute so as not to commit procedural violations that would jeopardize the litigants’ legal position. In this regard, the analysis of this legal institute is necessary in order to remove practical doubts and ensure its legal function. Research results of this paper have confirmed that practical doubts should not be neglected and that there is room to consider a more efficient solution than the one in existence.
{"title":"NEKA PITANJA VEZANA ZA POSTUPANJE PO STUPNJEVITOJ TUŽBI U SUDSKOJ PRAKSI HRVATSKIH SUDOVA","authors":"Vedrana Švedl Blažeka","doi":"10.25234/pv/20922","DOIUrl":"https://doi.org/10.25234/pv/20922","url":null,"abstract":"The action by stages was introduced into the Croatian civil procedure law by the 2003 Law on Amendments to the Civil Procedure Act, with the aim of increasing the general quality and efficiency in providing legal protection and improving the general functioning of civil procedure. Courts do not keep records of the number of received actions by stages lawsuits, but available case law indicates that difficulties do exist and thus the need for a serious approach to this issue. The aim of this paper is to point out the importance of understanding the legal institute of action by stages with an emphasis on its practical application. Participants in court proceedings who apply to the court by filing an action by stages must be aware of its legal effects at certain stages of civil proceedings. On the other hand, the court must also ensure the lawful application of this institute so as not to commit procedural violations that would jeopardize the litigants’ legal position. In this regard, the analysis of this legal institute is necessary in order to remove practical doubts and ensure its legal function. Research results of this paper have confirmed that practical doubts should not be neglected and that there is room to consider a more efficient solution than the one in existence.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69421284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Skripta pod naslovom „Združene operacije” autora brg Ognjena Romca napisana su na ukupno 173 stranice. Od toga 162 stranice čini izvorni tekst, koji je ilustriran s 33 slike. Namjena je ovih skripata implementirati pojmove i sadržaje združenih operacija u nastavne sadržaje i samu izvedbu nastave o združenim operacijama. Skripta su tako koncipirana da olakšavaju razumijevanje suvremene vojne problematike i prikazuju sve osnove koje su prijeko potrebne za polaznike raznih razina vojne izobrazbe.
{"title":"PRIKAZ KNJIGE: BARBARA PISKER, KRITIČKA PRAVNA TEORIJA: IZVORI, ZNAČAJKE I DOSEZI, VELEUČILIŠTE U POŽEGI, POŽEGA, 2022.","authors":"Goran Bašić","doi":"10.25234/pv/23315","DOIUrl":"https://doi.org/10.25234/pv/23315","url":null,"abstract":"Skripta pod naslovom „Združene operacije” autora brg Ognjena Romca napisana su na ukupno 173 stranice. Od toga 162 stranice čini izvorni tekst, koji je ilustriran s 33 slike. Namjena je ovih skripata implementirati pojmove i sadržaje združenih operacija u nastavne sadržaje i samu izvedbu nastave o združenim operacijama. Skripta su tako koncipirana da olakšavaju razumijevanje suvremene vojne problematike i prikazuju sve osnove koje su prijeko potrebne za polaznike raznih razina vojne izobrazbe.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69422432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Particular attention in this research is paid to the regulation of property relations arising after the death of the testator in the Statute of Cres-Osor. The provisions regulating inheritance relations among family members in the content of this source confirm the importance of the family as a community as well as the importance of family property within this late mediaeval commune. In this regard, the Statute of Cres-Osor shows specific features. The equality of male and female descendants when it comes to intestate inheritance is marked by the inheritance regulation of the rare communes of the Kvarner region, including the Cres commune. In this regard, it is important to determine the position of women in marriage and family. In a period when under the influence of the reception of different legal sources, primarily of the Venetian and Byzantine ones, most Adriatic communes adopted almost identical features of inheritance law, in which the inheritance of family property is linked to a certain degree of kinship. The Statute regulated testamentary freedom and free disposal of property according to the will of the testator or for religious purposes. As the systematic analysis of the legal provisions of the statute is merely the subject of the discussions in academic community, a detailed analysis of hereditary relationships regulated by the provisions of this source will certainly contribute to understanding of the legal reality of this mediaeval island commune. This research conducts a detailed analysis into the legal source, and compares specific provisions of other close communes in order to analyse inheritance by will and intestate inheritance regulation as well as other important issues such as the position of certain categories of heirs. Moreover, it aims at detecting the origin of a separate regulation of hereditary relations in this island community.
{"title":"OSOBITOSTI NASLJEDNO-PRAVNOG UREĐENJA CRESKO-OSORSKOG STATUTA IZ 1441. GODINE","authors":"Jelena Kasap","doi":"10.25234/pv/23804","DOIUrl":"https://doi.org/10.25234/pv/23804","url":null,"abstract":"Particular attention in this research is paid to the regulation of property relations arising after the death of the testator in the Statute of Cres-Osor. The provisions regulating inheritance relations among family members in the content of this source confirm the importance of the family as a community as well as the importance of family property within this late mediaeval commune. In this regard, the Statute of Cres-Osor shows specific features. The equality of male and female descendants when it comes to intestate inheritance is marked by the inheritance regulation of the rare communes of the Kvarner region, including the Cres commune. In this regard, it is important to determine the position of women in marriage and family. In a period when under the influence of the reception of different legal sources, primarily of the Venetian and Byzantine ones, most Adriatic communes adopted almost identical features of inheritance law, in which the inheritance of family property is linked to a certain degree of kinship. The Statute regulated testamentary freedom and free disposal of property according to the will of the testator or for religious purposes. As the systematic analysis of the legal provisions of the statute is merely the subject of the discussions in academic community, a detailed analysis of hereditary relationships regulated by the provisions of this source will certainly contribute to understanding of the legal reality of this mediaeval island commune. This research conducts a detailed analysis into the legal source, and compares specific provisions of other close communes in order to analyse inheritance by will and intestate inheritance regulation as well as other important issues such as the position of certain categories of heirs. Moreover, it aims at detecting the origin of a separate regulation of hereditary relations in this island community.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69422707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The COVID-19 pandemic that started at the beginning of 2020 has put great constraints and significant challenges in organization of social and economic life. This paper analyses the civil society response to the COVID-19 pandemic and presents specific adaptations and opportunities to contribute to the society in the circumstances of the COVID-19 pandemic. The stories that civil society organizations published on the webpage ZADobroBIT.hr have been analysed by the means of a qualitative research. Thematic analysis in different scopes of activities shows that civil society organizations were more focused on the general population and various vulnerable groups. Vulnerable groups were recognized as those needing particular additional support in the course of this period. The activities aiming at general population focused on newly emerged needs related to civil protection. Civil society also worked on keeping the everyday routines in communities by conducting various types of activities. Informing and educating aimed at creating new and maintaining existing information and educational practices that adapted to pandemic circumstances. The results of the research show also that organizations have significantly changed, and quickly adapted their work with the help of technology and by using volunteer work. The results of the analysis suggest that civil society has proved flexible and able to respond quickly to emerging social needs, but also emphasized the contextual limitations of the actions. Thus, the paper discusses the position and role of civil society in the “new normal“, and the impact it has on its further development in the Croatian social and political environment.
{"title":"UVIDI U DJELOVANJE CIVILNOG DRUŠTVA U HRVATSKOJ U VRIJEME PANDEMIJE BOLESTI COVID-19","authors":"Danijel Baturina","doi":"10.25234/pv/22774","DOIUrl":"https://doi.org/10.25234/pv/22774","url":null,"abstract":"The COVID-19 pandemic that started at the beginning of 2020 has put great constraints and significant challenges in organization of social and economic life. This paper analyses the civil society response to the COVID-19 pandemic and presents specific adaptations and opportunities to contribute to the society in the circumstances of the COVID-19 pandemic. The stories that civil society organizations published on the webpage ZADobroBIT.hr have been analysed by the means of a qualitative research. Thematic analysis in different scopes of activities shows that civil society organizations were more focused on the general population and various vulnerable groups. Vulnerable groups were recognized as those needing particular additional support in the course of this period. The activities aiming at general population focused on newly emerged needs related to civil protection. Civil society also worked on keeping the everyday routines in communities by conducting various types of activities. Informing and educating aimed at creating new and maintaining existing information and educational practices that adapted to pandemic circumstances. The results of the research show also that organizations have significantly changed, and quickly adapted their work with the help of technology and by using volunteer work. The results of the analysis suggest that civil society has proved flexible and able to respond quickly to emerging social needs, but also emphasized the contextual limitations of the actions. Thus, the paper discusses the position and role of civil society in the “new normal“, and the impact it has on its further development in the Croatian social and political environment.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69421681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the goals of this work is to point out the efforts of modern studies on the sources of law to reduce the traditional sources of law - material, ethical, formal and cognitive - to formal sources of law. It is argued that the concept of the source of law, which includes the mentioned types and the phenomena they contain, is too broad, and that these phenomena have only the fact that legal norms spring from them. Here, in our opinion, the problem arises as to how to consider the phenomena from which law undoubtedly arises, especially those that fall under the material and ethical types. The problem can be solved by calling material sources legal relations, and ethical sources legal values. In addition, there is another problem that many (formal) sources also have some material and/or ethical characteristics. Likewise, we pointed out the connection between legal sources and arguments, meaning by arguments regulations and what are usually considered arguments (a. a contrario, a. a simile ad simili, a. a fortiori). We proposed a possible list of legal sources, where the main problem is that, in compiling it, it is not possible to apply one (same) criterion.
{"title":"DOPRINOS UČENJIMA O PRAVNIM IZVORIMA","authors":"Žaklina Harašić","doi":"10.25234/pv/24920","DOIUrl":"https://doi.org/10.25234/pv/24920","url":null,"abstract":"One of the goals of this work is to point out the efforts of modern studies on the sources of law to reduce the traditional sources of law - material, ethical, formal and cognitive - to formal sources of law. It is argued that the concept of the source of law, which includes the mentioned types and the phenomena they contain, is too broad, and that these phenomena have only the fact that legal norms spring from them. Here, in our opinion, the problem arises as to how to consider the phenomena from which law undoubtedly arises, especially those that fall under the material and ethical types. The problem can be solved by calling material sources legal relations, and ethical sources legal values. In addition, there is another problem that many (formal) sources also have some material and/or ethical characteristics. Likewise, we pointed out the connection between legal sources and arguments, meaning by arguments regulations and what are usually considered arguments (a. a contrario, a. a simile ad simili, a. a fortiori). We proposed a possible list of legal sources, where the main problem is that, in compiling it, it is not possible to apply one (same) criterion.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69423555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A takeover bid is one of the main methods of acquiring voting control in a listed company. By acquiring the voting control, the majority shareholder gains the power to influence or determine corporate decisions, which can significantly affect not only the position of the shareholders, but also the position of a much wider circle of stakeholders. It is not to be disputed that takeovers significantly affect workers’ positions; therefore the paper analyses the regulatory framework governing the position of workers in takeover procedures in European and Croatian law. The analysed solutions are compared with the solutions adopted in Slovenian and French law. While Slovenian legislation has adopted solutions that are very similar to Croatian, the French legislator has given greater rights to workers both in the takeover procedure and in the post-bid period. The paper also presents the results of a survey conducted on the Croatian capital market on the use of workers’ rights granted to them by the Croatian Takeover Act. It is concluded that workers exercise these rights, but to an insufficient extent.
{"title":"POLOŽAJ RADNIKA U POSTUPKU PREUZIMANJA DIONIČKIH DRUŠTAVA","authors":"Antonija Zubović","doi":"10.25234/pv/22024","DOIUrl":"https://doi.org/10.25234/pv/22024","url":null,"abstract":"A takeover bid is one of the main methods of acquiring voting control in a listed company. By acquiring the voting control, the majority shareholder gains the power to influence or determine corporate decisions, which can significantly affect not only the position of the shareholders, but also the position of a much wider circle of stakeholders. It is not to be disputed that takeovers significantly affect workers’ positions; therefore the paper analyses the regulatory framework governing the position of workers in takeover procedures in European and Croatian law. The analysed solutions are compared with the solutions adopted in Slovenian and French law. While Slovenian legislation has adopted solutions that are very similar to Croatian, the French legislator has given greater rights to workers both in the takeover procedure and in the post-bid period. The paper also presents the results of a survey conducted on the Croatian capital market on the use of workers’ rights granted to them by the Croatian Takeover Act. It is concluded that workers exercise these rights, but to an insufficient extent.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69421337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Initial research into the phenomenon of workplace mobbing dates back to 1972 and was conducted in Sweden. Of exceptional importance for determining the existence of mobbing, is a proper understanding of the behaviour that can be subsumed under the term as well as its clear distinction from the usual conflicts in the workplace and various forms of harassment. The aim of the present paper is to check the existence of mobbing in the workplace among respondents – teachers employed in secondary schools in the City of Pozega, Republic of Croatia. In this sense, the paper is divided into two parts in terms of content: theoretical and special part. In the theoretical part of the paper, mobbing will be conceptually defined and its distinction towards harassment as a form of discrimination will be analyzed. The theoretical part of the paper includes an overview of earlier research into mobbing in the EU and the Republic of Croatia and an analysis of the procedure for obtaining legal protection in the case of mobbing in accordance with applicable regulations of the Republic of Croatia. A special part of the paper is dedicated to the analysis of the results collected by the conducted empirical research. The mentioned research included 350 teachers employed in six secondary schools in the City of Pozega. These are the Gymnasium, the School of Economics, the Technical School, the School of Crafts, the School of Agriculture and Food and the Music School. At the end of the paper, the author presents concluding remarks in which she gives recommendations for improving the detected problems.
{"title":"MOBBING IN THE WORKPLACE AMONG RESPONDENTS - TEACHERS EMPLOYED IN SECONDARY SCHOOLS OF THE CITY OF POZEGA, POZESKO-SLAVONSKA COUNTY, REPUBLIC OF CROATIA","authors":"Dragana Bjelić Gaćeša","doi":"10.25234/pv/22114","DOIUrl":"https://doi.org/10.25234/pv/22114","url":null,"abstract":"Initial research into the phenomenon of workplace mobbing dates back to 1972 and was conducted in Sweden. Of exceptional importance for determining the existence of mobbing, is a proper understanding of the behaviour that can be subsumed under the term as well as its clear distinction from the usual conflicts in the workplace and various forms of harassment. The aim of the present paper is to check the existence of mobbing in the workplace among respondents – teachers employed in secondary schools in the City of Pozega, Republic of Croatia. In this sense, the paper is divided into two parts in terms of content: theoretical and special part. In the theoretical part of the paper, mobbing will be conceptually defined and its distinction towards harassment as a form of discrimination will be analyzed. The theoretical part of the paper includes an overview of earlier research into mobbing in the EU and the Republic of Croatia and an analysis of the procedure for obtaining legal protection in the case of mobbing in accordance with applicable regulations of the Republic of Croatia. A special part of the paper is dedicated to the analysis of the results collected by the conducted empirical research. The mentioned research included 350 teachers employed in six secondary schools in the City of Pozega. These are the Gymnasium, the School of Economics, the Technical School, the School of Crafts, the School of Agriculture and Food and the Music School. At the end of the paper, the author presents concluding remarks in which she gives recommendations for improving the detected problems.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69421439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The activities of institutions have proven to be extremely important in achieving the economic growth and development of national economies. In addition, observed imbalances within the national economy can be minimized due to the contribution of institutions. Therefore, it is necessary to detect opportunities and activities that could, due to adequate institutional implementation, promote the development of a certain area. In the Republic of Croatia, in general, there is a low level of stimulating environment for small and medium sized enterprises as one of the economy drivers. Besides, the parts of the Republic of Croatia in which the primary sector predominates are generally much less developed (for instance, counties of Eastern Croatia). The aim of this paper is to examine the role and importance of institutions on economic development. In addition, it aims at detecting and describing the institutional obstacles in promotion of small and medium enterprises as well as in presenting the selected examples of missed institutional promotion within the primary sector, as an economic branch most represented in the parts of the Republic of Croatia whose development is much lower than the average or even the lowest. The paper predominantly uses theoretical descriptive methods with additional data given in order to confirm mentioned obstacles within the small and medium enterprises and primary sector.
{"title":"INSTITUTITONS AND ECONOMIC DEVELOPMENT: THEORETHICAL PERSPECTIVE OF MISSED INSTITUTIONAL SUPPORT IN THE REPUBLIC OF CROATIA","authors":"K. Marošević, Lorela Vukovac","doi":"10.25234/pv/12250","DOIUrl":"https://doi.org/10.25234/pv/12250","url":null,"abstract":"The activities of institutions have proven to be extremely important in achieving the economic growth and development of national economies. In addition, observed imbalances within the national economy can be minimized due to the contribution of institutions. Therefore, it is necessary to detect opportunities and activities that could, due to adequate institutional implementation, promote the development of a certain area. In the Republic of Croatia, in general, there is a low level of stimulating environment for small and medium sized enterprises as one of the economy drivers. Besides, the parts of the Republic of Croatia in which the primary sector predominates are generally much less developed (for instance, counties of Eastern Croatia). The aim of this paper is to examine the role and importance of institutions on economic development. In addition, it aims at detecting and describing the institutional obstacles in promotion of small and medium enterprises as well as in presenting the selected examples of missed institutional promotion within the primary sector, as an economic branch most represented in the parts of the Republic of Croatia whose development is much lower than the average or even the lowest. The paper predominantly uses theoretical descriptive methods with additional data given in order to confirm mentioned obstacles within the small and medium enterprises and primary sector.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49319587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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