Unit 22 Marriage

1. Definition of marriage
We can define marriage as the voluntary union for life of one man and one woman to the
exclusion of all others.
2. Conditions for valid English marriage
This definition sets out the three main conditions for a valid Englis marriage, and they are that
marriage must be voluntary, it must be for life and it must be monogamous.
The second condition represent some kind of anomaly, because English law recognize judical
divorce as a legal termination of marriage, but in the other hand this condition remains true in
limited sense because at the initation of the marriage the intention of the parties must be union
for life.
Marriage is one of the easiest contracts to enter into, yet it has very far-reachin consequences
for the parties themselves, for theri children and for the whole of society.
3. Chief bars for marriage
Youth and consanguinity are two chief bars to marriage.
4. Youth as the bar to marriage
Until 1969. the age of majority was twenty-one, and it is not until majority that a person has
an unfettered right to marry. The Family Law Reform Act 1969. has lowered the age of
majority to eighteen, and position is now:
- if either party is under sixteen, there can be no marriage, if a ceremony is performed, it is
not valid, and the whole process is void ab initio it is as if there had never been any
marriage, as far as the law is concerned.
- if one of the parties is sixteen or over, but under eighteen, any marriage performed will be
valid, but the consent of both parents (or the parent who has custody if they are divorced)
must be obtained before the marriage is solemnized. This consent need not be given in any
particular form, in the absence of positive dissent it will be implied.
5. When is marriage void, and when is voidable
- Marriage will be void if the rules relating to affinity and age are not complied with.
- A marriage entered into without due consent or under duress or mistake as to identity will be
voidable, and if a man is so drunk at the ceremony as not to know what he is doing, there can
be no consent, and therefore the marriage will be voidable.
6. What influence mental incapacity has on contracting a marriage?
Until 1959. a lunatics, as defined by law, could not contract a marriage, even in a lucid
intervals, there was a presumption that a lunatic was incapable of consent, and such a
marriage was void.
But as the Mental Health Act swept away all classification of the mentally ill, lunatics no
longer exist in law, and there can be no such presumption. Mental incapacity now only
renders the marriage voidable. There must be such mental disorder as to prevent a proper
understanding of the nature of the contract.

Unit 23 Divorce
1. Definition of divorce
Divorce is the legal termination of marriage.
2. Wat was the position of divorce until 1969.?
Until 1969. the law of divorce in England was founded on doctrine of the matrimonial offence
A divorce would only be granted to the innocent party to a marriage, who could prove that the
other party had been guilty of some wrongful conduct such as adultery, cruelty or desertion
(an exception was incurable insanity, added as a ground by the 1937. Act)
Unit 24 Wills and Inheritance
1. What is will?
Will is a document recording how a person's property is to be disposed after his death
Unit 27. The European Court of Justice
1. Institutions of the EU:
There are five principal institutions wich are entrusted with carrying out the tasks of the
European Community:
- the Council
- the Commission
- the European Parliament
- the Court of Auditors
- the Court of Justice
2. Court of Auditors
The Court of Auditors does not have a judical function, but rather one of financial and
budgetary supervision and review.
3. Court of Justice
The European Court of Justice, to wich the Court of First Instance is attached, is the judical
branch of the Community. The powers and functions of the ECJ are generally considered from
the political institutions the Council, the Commission and the Parliament. The Court is not
a single monolitic actor, but a collection of individual judges, Advocate General, and legal
personnel who influence its direction. It has grown from being a relatively small and cohesive
Court of seven judges and two Advocate General to being a Court of fifteen judges and eight
or nine Advocates General, which sits increasingly in chambers.
13.where is ECJ situated
-in luxemburg
14.what does the number of judges correspond to
-27 judges-depend of members of state
-15. do judges represent their states - no.

17.functions of the court

-include matters of constitutional significance, to proper division of powers between the states
and the comunity etc...
Unit 29 Types of English Civil Law
1. Two of the most important subcategories of Enhlish civil law.
Two the most important subcategories of English civil law are the Law of Contract
and the Law of Torts
2. Definition of a contract.
A typical English definition of a contract is the one given by Sir William Anson,
wich define contract as legally binding agreement made between two or more
persons, by which rights are acquired by one or more to acts or forbearances on the
part of the other or others
3. How the Law of Contract can be further subdivided?
Law of Contract can be subdivided into such areas as shipping contracts, hire
purchase, sale of goods, etc
4. What is tort? What for is it used in English law?
- tort is A Norman- French word meaning simply a wrong
- in English law it is used to denote wrongs committed by one citizen against
another, serious enough to merit the award of compensation to the injured
person, but not serious enogh to amount to the breaking of the criminal law
5. With what is concerned the Law of Torts? What it includes?
- the Law of Torts is concerned with civil liability as distinct from criminal
liabilty; in other words, torts are less serious wrongs which are not punished by
the state
- the law of torts includes negligence, nuisance, trespass and defamation
6. How are related to one another Contract and Tort?
- for example, a trader who sells dangerous goods can be sued in negligence for
injuries so caused and may also be held liable for a breach of contractual duty
to see that his goods are of merchantable quality
7. Name other categories of English Civil Law.
- family law, revenue law, patents and copyrights, trade unions, administrative
law
Unit 32. Economic, Social, and Cultural Rigts
1. What can you tell about ownership?
- the right of ownership shall be guaranteed
- owners and users of property shall contribute to the general welfare- ownership
implies obligations
- a foreign person may acquire property under conditions spelled out by law
- the right of inheritance shall be guaranteed

2. What can you tell about enterpreneurial and market freedom?

- enterpreneurial and market freedom shall be the basis of economic system of
the Republic of Croatia
- the state shall ensure all enterpreneurs an equal legal status on the markeet
- abuse of the monopoly position defined by law shall be forbidden
3. How and why property can be expropriated?
- in the interest of the Republic of Croatia property may be restricted or
expropriated by law upon payment of compensation equal to its market value
Unit 33. Forms of Business Organization in the US
1. Principal forms of business organisation
There are three principal forms of business organization: the sole proprietorship (or the
individual ownership), the partnership, and the corporation. Each of them has its own
advanages and disadvantages..
2. Sole proprietorship
Sole proprietorship are the simplest and most nuerous form of business organization. For
example, small retail stores, restaurants, farms Such a business is owned by one person, and
the owner has relatively unlimited control over the business and enjoys all the profits, but he
have also unlimited personal responsibility for the losses debts, and other liabilities.
3. Partnership
A partnership is an association of two or more persons as co-owners to carry on a business for
profit. It is based upon a voluntary agreement of the persons, who are called partners.
Profits and losses are shared equally unless otherwise agreed. But every general partner is
liable whithout limit to creditors.
4. Corporation
A corporation is an artificial person created under law and empowered to achieve a specific
purpose. It can be created only by government grant. Althoug they are far outnumbered by
sole proprietorship and partnership. Corporation do most of the business in the country. That
is because the attributes of the corporate form make it far more able to carry on business on a
large scale.
Some of these attributes are:
- perpetual life (or perpetual succession)
- limited liability
- transferability of shares
- access to capital
- professional management

Unit 34 Judical Control of Public Authorities

1. What is the starting point of judical rewiew
The starting point of judical review is ultra vires. If a statute gives a public authority power to
do something, that power is always limited, and judical review is the means of ensuring that
the will of Parliament is obeyed.
2. How can remedy be obtained
There are two ways in wich a remedy may be obtained: by a direct challenge or by challenge
in collateral proceedings.
Example
If local authority makes a by-law that is thought to bi invalid, person affected by it
has two choices: he can either go to court and ask to have it declared invalid
(direct challenge), or he can ignore it and wait for the local authority to take
enforcement proceedings (challenge in collateral proceecings)
Unit 35. Police Powers in Great Britain
The law related to police powers is important from the political standpoint, because it defines
the extend to wich the police may interfere with the freedom of the individual. It is also
important from the legal point of view, because various questions of civil and criminal
liability depend on the lawfulness or unlawfulness of the use of them.
The main police powers are: arrest, entry, search, and seizure.
UNIT 7 Toward A European Administrative Space
SIGMA paper number 27 (1999) is an attempt to identify the principles of administration in
the EU in order to create standards to which the candidate countries are expected to conform
in order to align their public administration with those in the EU Member States.
In 1992, the European Union (EU) and Organization for Economic Co-operation and
Development (OECD) established a joint iniciative that supports public administration reform
UNIT 8 European Administrative Law Principles
The SIGMA paper starts with the thesis that despite national differences it is possible to agree
upon a common definition of administrative law as: the set of principles and rules applying
to the organization and management of public administration and to the relations between
administration and citizens.
The main administrative law principles common to Western European countries are
systematized as follows:
1.
2.
3.
4.

Reliability and predictability

Openness
Accountability:
Efficiency and effectiveness

UNIT 9 Administrative Doctrines

From the New Public Management to Good Governance
Modern administrative development is characterised by two influential doctrines the new
public management and good governance.
The new public management doctrine has been very influential since the 1980s. It is
characterised by orientation towards economy, efficiency and effectiveness, by efforts to
subject the state administration and the public sector organizations to the market principles by
methods which develop enterpreneurial behaviour and, generally speaking, by an effort to
impose most of the values and techniques of private sector management into the public.
Measures and effects produced by the managerial reforms of public administration are
structural, functional, personnel oriented and others (financial, political, social, etc.).
The new public management has been widely accepted in New Zealand, the United Kingdom,
Australia, Canada, and the USA
Among the principles of good governance, the EU emphasizes openess, participation,
responsibility, effectiveness, and coherency. The new doctrinal orientation emphasizes the role
of the citizens and civil society, transparency, legitimacy, efficiency, human and citizens'
rights, the rule of law, better quality of the public services, implementation of modern
information and communication technologies, and better human resources management.
Citizens are seen as partners who significantly contribute to the final results of the activities of
public administration. Citizens need to be informed and consulted, they have to participate in
the creation of public policies and in administrative and other public processes.
All in all, good governance is ... a combination of democratic and effective governance.
UNIT 10 Basic Goals of Public Administration Reform in Croatia
Basic goals of public administration reform in Croatia are Europeanisation and modernisation.
In the process of association with the European Union, Croatia must adjust to the European
experience with public administration and adopt the administrative standards that are
spreading through the currently created European administrative space.
UNIT 11- The E-government Imperative (Znaajnost e-uprave)
We can define E-governmet as: the use of information and communication technologies, and
partialy the Internet, as a tool to achieve better government.
UNIT 13 Recommendations for Modernisation of the Croatian Public Administration
The role of education in the modernisation of the croatian public administration
Good education, impartiality and professionalism of civil servants would eliminate
subjectivity and arbitrary political interventions and narrow the opportunities for corruption.