Foreign citizens in Croatia are fully equal with Croatian physical and legal persons; however there are still certain requirements and exceptions that are regulated by other laws (art.48. NN 41/01, 55/01 of the Constitution of the Republic of Croatia; art.356. NN 91 / 96 do114/01 Ownership and Other Proprietary Rights Act).

Prerequisites

Generally, the Croatian law regulates that any physical and legal person is able to acquire the right of ownership accordingly to reciprocity condition, and with special written consent issued by Croatian Ministry of Justice. There are also special prerequisites. Accordingly to Ownership and Other Proprietary Rights Act, the right of ownership could be acquired in several cases:

1.) Acquisition on the basis of legal transaction

The right of ownership on real estate might be acquired only from the person that is the owner of real estate (the ownership is stated in Land Register) and the Purchase Contract (or Gift agreement) should be concluded in written form in order to be valid.

In order to acquire the right of ownership on the basis of legal transaction two prerequisites mentioned should be fulfilled: reciprocity and consent

issued by Croatian Ministry of Justice. The reciprocity exists if Croatian citizens or Croatian legal persons are able to acquire the right of ownership in the country referred by the purchase, exchange or other legal transaction basis, legal basis or by the court decision or decision of other legal institution in the country referred.

2.)  By the decision of court or other authority

In the case of acquiring the right of ownership accordingly to court decision or other authority, the right of ownership is acquired when decision has got its legal validity.

3.) Due to real estate inheritance

In the case of real estate inheritance, foreign person (the inheritor) will acquire the right of ownership at the moment of opening its inheritance, unless provided otherwise by law, accordingly to valid act of inheritance the inheritor is authorized to obtain an entry of its rights to Land Register.

4.) Accordingly to law

All the regulations, considered when Croatian physical and legal persons are acquiring the right of ownership, are also considered when foreign persons are acquiring the right of ownership.

Accordingly to all the legal cases mentioned above, the right of ownership is acquired when all the conditions are fulfilled.

(Legal regulations Croatia, B&D Malinska Real Estates, island Krk)

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