Original scientific paper
Some Public Law Restrictions of Ownership in the Kingdom of Croatia and Slavonia in the Period 1852 – 1918
Frane Staničić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The author analyzes some public law restrictions of ownership in the Kingdom of Croatia and Slavonia in the period from 1852 to 1918. According to the author the main basis for limiting the right of ownership in this period was article 365 of Austrian General Civil Code. This article provides for a possibility of limiting or taking away
ownership by giving appropriate compensation. On the basis of this provision many forms of restrictions of property developed. The author analyzes three types of public law restrictions of property: expropriation, land consolidation and legal servitudes. Regulation of expropriation was extremely heterogeneous. It was regulated by Austrian, Croatian-Hungarian and autonomous Croatian regulations. Land consolidation could be enforced not just voluntarily but also involuntarily if in the public interest. The third form of public law restriction of ownership was legal servitudes. There were many legal
servitudes during this period that restricted the right of ownership ex lege in various ways. The analysis of the public law restrictions of ownership suggests that, despite the principal idea of exclusivity of ownership, it could have been limited or taken away if the public interest so required.
Keywords
ownership; restrictions of ownership; expropriation; land consolidation; legal servitudes
Hrčak ID:
116263
URI
Publication date:
30.12.2013.
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