Suchergebnisse

The main aim of this research is the analysis of the provisions of the Cres-Osor Statute dealing with family law, with special regard to the regulation of marital property law. Although the Statute has been the subject of scientific discussions, a thorough analysis of the features of family law, that is, matrimonial property law has not yet been given. The paper will try to causally investigate the origin of certain institutes of family law. Consequently, the provi- sions of family law were analysed in detail, and compared with the corresponding solutions of other nearby communes, that is, the northern Adriatic islands and other Dalmatian legal systems. In addition, within the aforementioned analysis, the paper also deals with the posi- tion of women in processes that were of vital importance for a woman's life, such as marriage, betrothal, dowry etc. In the end, the author comes to the conclusion that with regard to the fluid demarcation of the "Dalmatian" and "Kvarner" legal regions, the regulation of family and matrimonial property law in the Cres-Osor Statute reflects the influences of several legal sys- tems: Roman, Byzantine, Venetian, Lombard and Slavic law, which indicates the interaction of different legal cultures of varying intensity.

In this paper, author discusses and analyzes the normative regulation of the position of city officials and civil servants, their legal status and the payment system in the Osijek city administration in the period from the proclamation of the Kingdom of Serbs, Croats and Slovenes in 1918 to the promulgation of the 1934 Municipalities Act. In covering the topic, the author primarily used the relevant legislation and the archival material available at the State Archives in Osijek. Considering the position of city officials and civil servants in the city of Osijek between the two world wars in relation to their position during the Austro-Hungarian Empire, the normative analysis shows that city officials and civil servants were part of the occupational classification system in the interwar period. The city employees were ranked according to types of occupations and the level of professional qualifications required to perform them. Until then, the salaries of city employees were regulated by Austro-Hungarian laws, according to which there were wage classes, and city municipalities had some kind of financial autonomy in determining the amount of salaries of city employees. A significant novelty in the inter-war period was the established system of dividing payments into basic and position wages, including bonuses. The salaries of city employees were made equal to those of state servants. It resulted in introducing an evaluation system which was directly related to the exercise of individual rights and determining the responsibilities of city employees. The Statutes related to the evaluation system included the possibility of promotion and demotion (to a higher or a lower payment class), termination of service, and loss of pension. Consequently, it may be concluded that the main purpose of the evaluation system was to institute the standards for rewards or penalties.

Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous contract. However, the discussions about the creditor's obligations and the liability criteria have been quite rare ever since the development of the earliest legal systems. This is not surprising given the fact that the gratuitous contracts are, almost as a rule, concluded between friends and acquaintances, and marked by the trust of the contracting parties. The foundations of the privileged liability of creditors, both in Western European legal systems and in Croatian law, are based on Roman law principles, which have been entered into the modern law of obligations through reception of the ius commune legal norms. As the issue of creditors' liability in gratuitous contracts has not been sufficiently examined in the Croatian scientific literature, this research is aimed at exploring and establishing the legal grounds of liability of the lender (creditor), the depositor, and the donor in Croatian law, by analyzing and comparing the available historical sources of Croatian medieval law. In that context, the authors will also discuss in more detail the reasons for enacting the unique legal solutions contained in the Croatian Obligations Act.

The author in the paper present a review and description of legal regulations regarding position of the city officials and civil servants in the Osijek city administration in the period 1881-1918. Problems of the civil servants system in the city community of Osijek will be seen in relation to three groups of questions: the classification of civil servants, the payment system and the progress system. In the introduction the author gives legal definition and meaning of the terms official and civil servant. In the central part of the paper the author gives an overview and analysis normative regulation of the position of city officials and servants, ie status and wages. Legislation regulations that regulated the status and position of officials and civil servants, especially the rulebook from 1918, started a process that resulted in a growing need for expertise, in addition to experience. The author concludes that the beginnings of professional management can already be noted in the research period as people with appropriate qualifications have been employed and that accomplished organizational solutions meant progress compared to previous organization.

The European Union has been exposed to very dynamic social changes for the last decade, and the issues of migration, asylum, and the protection of the legal position of foreigners have become some of the most vibrant areas within the EU political agenda, in particular within the activities of the European Parliament. Relatively frequent migration policy changes within national legislation are the result of attempts to harmonize it with the recent EU acquis. In modern Croatian legislation, in accordance with the content of the applicable Aliens Act, there are visible attempts of legal balancing between the two dominant interests: the very extensive protection of social, political, economic, and other rights of immigrants and the security and protection of the national public policy. Nevertheless, understanding the legal position of foreigners in Croatian law demands consideration of various social and political factors and an extensive interpretation of the legal framework that has actively developed throughout history in our area. Taking into account the growing importance of immigration policy for the territory of the Republic of Croatia, the aim of this article is to determine the legal position of foreigners in the domain of private and public law throughout different periods of Croatian legal history and, ultimately, by comparing the results with the contemporary situation, question their continuity and offer some lessons for current immigration problems.

With special focus on laying the foundations for a European Education Area by 2025, "The first European Education Summit˝, held on 25 January 2018, aimed at determining how quality, inclusive and values-based education can fight the current challenges and contribute to a successful Europe. Although the primary competence for education policies lies with the Member States, the European Commission has explicitly advocated that joint efforts should be made to strengthen the European identity through education. In particular, a number of initiatives were proposed in order to foster employability in the common market, improve the international competitiveness, promote common values and develop critical thinking for an active citizenship. For all these reasons, this paper aims at determining how Croatian legal education, taking into account its tradition, can contribute to achieving those objectives. Therefore, by analyzing its history and tradition, the first part of the contribution will try to identify the specific features of Croatian higher legal education. Keeping in mind that the success of the process is often influenced by various social, political, economic and historical factors, the central part of the paper will examine the importance of education for shaping the national legal culture and, consequently, efficient harmonization. Considering the challenges that the Croatian educational system is currently facing, as a conclusion, an attempt will be made to offer some preliminary solutions in the debate on how the potential of education can be used to ensure the goals of the European Education Area.