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Original scientific paper

Foundations as Beneficiaries of Freedom of Establishment and Free Movement of Capital in European Union and Croatian Law

Kristijan Poljanec orcid id orcid.org/0000-0002-4912-1335 ; Faculty of Economics & Business, University of Zagreb, Zagreb, Croatia


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Abstract

The paper analyses the legal treatment of foundations as beneficiaries of the freedom of establishment and free movement of capital in European Union and Croatian law. There are barriers to cross-border activity of foundations in Member States’ laws. Barriers arise out of heterogeneity of national laws, the concepts and purpose of foundations. The paper analyses primary and secondary law in the area of market freedoms. Under certain conditions foundations can be subject to competition law. Provisions of the Croatian Act on Foundations and related laws are analysed. The paper indicates possible shortcomings of the domestic legislative solutions, which seem to be disputable under rules on market freedoms.

Keywords

foundation; freedom of establishment; free movement of capital; European Union; Act on Foundations

Hrčak ID:

164775

URI

https://hrcak.srce.hr/164775

Publication date:

29.7.2016.

Article data in other languages: croatian

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