Izvorni znanstveni članak
https://doi.org/10.21857/y26kecvgx9
Legal nature of the maritime domain
Vladimir-Đuro Degan
orcid.org/0000-0001-6884-1189
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
During nearly forty years after World War II in former Yugoslavia the idea of the right of
self -management by ‘’associated labour organizations’’ over social ownership which had no
titular was spread. That right was considered to be the supreme human right, even in respect
of individuals. Private initiative in the sphere of production was not encouraged.
With the fall of socialism in Yugoslavia, and with the demise of Yugoslavia itself, opposite
trends grew up. The new capitalist class promotes the privatisation of everything, including
the objects that have since Roman times been in usu communis, and as such extra
commercium.
The author of this paper opposed such trends already in 1994, when the war in Croatia was
still raging. Instead of privatisation, he advocated the institute of granting concessions to
natural and juridical persons in respect to some activities in the areas of maritime domain.
However, in new drafting of legislation the institute of concessions over areas belonging to
maritime domain tends to evolve close to the right to real property with loose State control
over selling and buying or transferring granted rights to third persons.
The aim of the present paper is to clarify basic legal concepts in this domain in order to avoid
gross misunderstandings in Croatian legislation and practice. Being a coastal State in the
Mediterranean with developing tourist industry, Croatia has a strong interest not only in
preserving its maritime domain, but also in bringing up foreign investments.
Ključne riječi
Roman law; ownership; ownerless objects (res nullius); public domain; ports; concessions
Hrčak ID:
190226
URI
Datum izdavanja:
27.11.2017.
Posjeta: 1.738 *