Pregledni rad
Legal Forms of Concessions to Railways in the Kingdom of Croatia and Slavonia from 1848 to 1918
Ivan Kosnica
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The first railways in the Kingdom of Croatia and Slavonia were built on the basis of a concession agreement. Following the Croatian-Hungarian Agreement in 1868 some changes were introduced, and the building of railways was financed from the state budget. Since 1880 until the end of the period covered by this study railways were built by private companies on the basis of concessions.
As a rule, the concession was granted by the ruler. Exceptions were local railways of lesser importance and licences for these were granted by the minister for public works and communication and from 1889 by the minister of trade. The procedure was divided into two parts: the previous procedure and the procedure required for special licences. The concession was divided by means of special licences, which were issued in special forms. The concession holder thus acquired the right to build a railway, the right to dispossess land required for this purpose and the right to use railway transport and collect money from other users. The concession holder was under the obligation to provide this service in the public interest. As a rule, he was expected to ensure mail delivery, and he also had some special duties towards the army. The concedent (concession granter) had the right to divide the concession, he played an important role in setting rates, and after the expiry of the concession he acquired ownership of the railway. Until the Croatian-Hungarian Agreement, it was the ministries in Vienna and also the Central Inspection Services that were responsible for the supervision of private railways, whereas after the Agreement, this function was taken over by the Ministry of Public Works and Communication, the Ministry of Trade and the Central Inspection Services for railways and shipping of the Kingdom of Croatia –Slavonia and also by the Chief Supervisory Service for railways and shipping of the Kingdom of Hungary. Disputes relating to private railways were generally resolved by administrative bodies, and they had jurisdiction over these matters until 1896, when the Administrative Court was established. The concession could expire after a certain period of time, after the concession holder ceased to exist, by expropriation or repurchase.
Ključne riječi
concession; licence; railway; Kingdom of Croatia and Slavonia; legal history
Hrčak ID:
55003
URI
Datum izdavanja:
28.6.2010.
Posjeta: 2.513 *