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.
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.
The two legal institutes, the precarium, i.e. precarious loan and loan for use are often identified in everyday speech even in the legal context, and revocability is emphasized as the only feature of their differentiation. Taking into account the opinion of legal theorists according to which the legal effect of the precarium can be achieved by applying the rules on borrowing, some of the modern codifications of civil law failed to define the precarious loan as an independent legal institute. Nevertheless, the Croatian legislator, guided by the historical application of the Austrian General Civil Code in the Croatian territory, standardized the institute of the precarious loan by a separate legal provision and thus defined it by the subtype of the contract of loan for use. The very rare use of this institute in legal practice as well as the lack of interest for this institute in modern civil law theory make the nature of this institute still insufficiently clear. A comparative analysis of legal theory, but also of foreign legislation that served as a basis for drafting the legal framework of borrowing in Croatian law will try to determine the features of the precarious loan and point to cases where the application of this institute is particularly opportune. Despite the similarity of the two mentioned legal institutes of loan for use and the precarious loan that will be pointed out in the content, the basic purpose of this research is to emphasize the importance of each institute taking into account the features that distinguish them and confirm that both institutes have their own purpose, practical importance and application in Croatian law.
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.
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