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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 30 No. 1, 2009.

Original scientific paper

Party Capacity of an Entity Having no Legal Personality – Branch-Offices of Foreign Legal Persons

Eduard Kunštek ; Pravni fakultet Sveučilišta u Rijeci
Dejan Bodul ; Pravni fakultet Sveučilišta u Rijeci

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Abstract

The article deals with the issue on party capacity of an entity having no legal personality paying a special attention to branch-offices of foreign legal persons which have gained mentioned capacity according to the positive legal regulations of the Republic of Croatia. The authors are against such legal solution, and therefore, they point at possible consequences of it in regards to the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Agreement on Succession Issues of the Former SFRY. The consequences could be negative not only for the Republic of Croatia, but also for its subjects who entered into a legal relationship with legal persons owning these branch-offices before the enactment of described regulations.

Keywords

branch-office; party capacity; succession

Hrčak ID:

52616

URI

https://hrcak.srce.hr/52616

Publication date:

10.4.2009.

Article data in other languages: croatian

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