Recenzija, Prikaz slučaja
Pravni status morskih luka kao pomorskog dobra u Republici Hrvatskoj [=The legal status of sea ports as maritime demesne in the Republic of Croatia] (author D. Bolanca) (Split, 2003) : [book review]
Jasenko Marin
orcid.org/0000-0002-6050-6981
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The extensive text of the book is divided into thirteen parts. Part I is an introduction. Part II is a historical review, of the legal status of the sea ports and coast in the territory of the Republic of Croatia until the coming into force of the Sea Ports Act of 1995. The author describes various legal acts ranging from Roman law to the Maritime Code of 1994. Part III is a historical review of the legal status of the seaports and coast on the territory of the Republic of Croatia after the coming into force of the Sea Ports Act of 1995.This act stipulates two types of ports (those open for public traffic and those for special purposes). The author points out some problems: transition of socially owned ports, legal status of a port object (inmovable assets), priority concession, relationship between priority concession and free zone. Part IV deals with the relationship between concession charge, communal charge and water charge. In the maritime domain (including the port territory) the concessionaire is obliged to pay a concession charge for economic exploitation or special use of the maritime domain. At the same time he must pay a communal charge to the county authorities and o water charge to ''Croatian Waters''. The author argues that the concession and communal charges are identical. He points out the legal problems of interpretation in the jurisprudence and jurisdiction of the Croatian superior courts. In conclusion, he thinks that the problem has not yet been solved. Part V consists of the cadastre and land register of sea ports as maritime demesne. Part VI is a detailed account of the legal status of the ports of Split, Rijeka and Ploce (seaports open to public traffic on international significance for the Republic of Croatia). Also, the author discusses the international treaty concluded between Croatia and Bosnia and Herzegovina in connection with free transit through the territory of the Republic of Croatia in and from the port of Ploce and through the territory of Bosnia and Herzegovina in Neum (1998). He thinks that the treaty does not serve Croatian interests. In conclusion, the author proposes solutions de lege ferenda. Part VII describes the legal status of Croatian seaports and ports in internal waters which are open to passenger and cargo traffic. In particular, the author focuses on the new laws: the Maritime Code (1994), Seaports Act (1995), Waters Act (1995) and Ports in Internal Waters Act (1998). He analyses similarities and differences between particular provisions concerning the questions of division of ports, port activities, port authority, concessions for port activities, and transformation of social ownership. In Parts VIII-XI, Italian, Slovenian, Bosnian-Herzegovian and Montenegrin legislative solutions are elaborated. Part XII includes the relevant solutions of the new Croatian Act of Maritime Demesne and Sea Ports which come into force on October 15, 2003. In Part XIII, the author spells out his concluding remarks. The book is written clearly and concisely. It is a valuable work in the field of maritime law. We recommend it to everyone who has a practical or academic interest in this important subject.
Ključne riječi
book review; sea ports - legal status; maritime demesne; Republic of Croatia;
Hrčak ID:
41997
URI
Datum izdavanja:
12.8.2004.
Posjeta: 1.099 *