Review article
https://doi.org/10.3935/zpfz.73.1.01
What Could the New Plovput Split Act Mean for the Legal Status of Lighthouses on the Croatian Coast?
Petar Miladin
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Sanja Ljubetić
orcid.org/0000-0002-0110-3998
; Adriatic Croatia International Club, Rijeka, Croatia
Abstract
Following the announcement of the need to pass a new Plovput Split Act, the question arose in doctrine and practice, as to what this could mean for resolving the issue of the unequal legal status of lighthouses on the Croatian coast? Trying to answer this question, the paper gives a historical overview of the legal status and analyzes the existing normative regulation of lighthouses on the Croatian coast. Since lighthouses, given their specific function and position in space, cannot be unambiguously defined, all the elements through which they can be determined are taken into account. Special attention is paid to the existing property law issues, which include contractual relations with third parties as well as possible acquired rights and legitimate expectations of legal entities at the lighthouses. As a necessary precondition for resolving this issue, the applicable regulations regarding the formation of the cadastral parcel of the lighthouse as well as its registration in the cadastre and land registry are analysed. Possible application of the institute of expropriation is also taken into account. The paper gives an overview of administrative and judicial adjudication on the legal status of lighthouses as a way of resolving the most complicated issues. As one of the most important questions, the legal and accounting status of the lighthouse as the property of Plovput d.o.o. is considered. In conclusion, in order to achieve an adequate level of standardization and regulation of existing property issues, it is proposed to regulate the legal status of lighthouses through the proposed provisions of the new Plovput Split Act.
Keywords
maritime domain; lighthouses; acquired rights; concession; subconcession
Hrčak ID:
300869
URI
Publication date:
2.4.2023.
Visits: 1.331 *