Skoči na glavni sadržaj

Izvorni znanstveni članak

PROTECTION OF MARITIME DEMESNE IN CROATIA

Vinko Hlača ; Rijeka, Hrvatska
Jakob Nakić ; Županijsko državno odvjetništvo, Rijeka, Hrvatska


Puni tekst: hrvatski pdf 499 Kb

str. 493-529

preuzimanja: 1.808

citiraj


Sažetak

Maritime demesne has always been an area which, being the most interesting
part of the territory of any country, therefore also of the Republic of Croatia, was
exposed to various forms of devastation (such as the construction of marinas,
holiday villages, dumping earth into the sea, etc.). Maritime demesne limits have
become very important when various large-scale facilities (such as holiday homes,
ports, beaches, tourist facilities, etc.) began to be built on the coast.
In the Republic of Croatia, maritime demesne is a common good. It falls
under the authority of the government which thus has to care for it, maintain it and
is responsible for it.
According to the opinion of the authors, the procedure determining maritime
demesne limits and its good track in the cadastre and land registration cannot be
considered satisfactory by far.
If one bears in mind that the territory which the Republic of Croatia now
occupies had often changed nationality through history, the anarchy involving
maritime demesne lasting until today is of no surprise. Therefore, the problem
of acquired rights in the maritime demesne remains un(re)solved up to now. The
authors give an overview of actual rights which can, in their opinion, be considered
acquired in a legally valid manner.
Furthermore, they give the overview of the decision of the Commercial Court
in Rijeka, which has resolved (non)ownership relations in the special purpose port
- shipyard as well as the decision of the High Commercial Court of the Republic of
Croatia which has considered the secured rights over the above-mentioned special
purpose port.
At the end of the paper, authors give their position on the issues in question
and possible solutions de lege ferenda.

Ključne riječi

maritime demesne, common good, maritime demesne limits, protection of maritime demesne, property rights to maritime demesne

Hrčak ID:

63274

URI

https://hrcak.srce.hr/63274

Podaci na drugim jezicima: hrvatski

Posjeta: 2.610 *