Review article
Expropriation: The Conflict between the Public and the Private Interest
Frane Staničić
; Assistant at the Chair of Administrative Law, Faculty of Law, University of Zagreb
Abstract
The evolution and types of expropriation are discussed. The development of expropriation in the Republic of Croatia since 1852 and the reception of the General Civil Code until current Expropriation Act are analysed. A special attention is dedicated to the evolution of several institutes – expropriation beneficiary, the compensation
for the expropriated property, and the judicial protection of the property
owner. The general legal framework considering expropriation in the Republic of Croatia is particularly analysed, with a critical review of different legal solutions. It is shown that when expropriation in the public interest is concerned, the matter is about the conflict between the individual’s inalienable right to ownership and the public interest, in which the private interest yields to the public interest.
Keywords
expropriation; expropriation beneficiary; compensation; judicial protection; public good
Hrčak ID:
135542
URI
Publication date:
2.3.2009.
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