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PROPERTY AND ITS TRANSFORMATION, GUARANTY AND PROTECTION UNDER THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF CROATIA
Petar Simonetti
; umirovljeni profeosr
Abstract
The property is a social product. It does not exist and has never existed an organised social community without a certain form of property: i.e. collective or individual property. The form of property depends on social processes which are in progress regardless of human will. Therefore, any intentional attempt to establish a certain form of property by abolishing the existing and historically not exhausted form of property is short dated. The form of property established using force can be preserved only with a force and state repression restricting the human rights and fundamental freedoms in varying degrees. The statement has been proven by history of socialist state property including its self-management form in Yugoslavia. In economic formation of market economy and free enterprise the basic form of ownership is a private property. This form of property has an extremely egoistic nature, and therefore, has to be limited by law to reconcile individual and social interests. Acceptance of the private property over objects previously in public property after the breakdown of socialist society it was a social inevitability. Protecting the right of property and its inviolability, the Constitution, which abrogated the socialist public property, was a legal basis for denationalisation exercised by restitution of ownership right or by adequate compensation if the restitution cannot be performed. By legal (voluntary) transformation of the right to use a built-up land into the property right of a building owner, in most cases without compensation, instead into the equivalent right to build which legally divides a land and a building and imposes the obligation over the owner of the building to periodically pay a rent to the land owner, the restitution of the right of ownership has been precluded as well as the adequate compensation for nationalised land to former owners, i.e. their legal successors. Due to the fact that the private property, market and free enterprise are basis of a modern social (state) organisation, the right of ownership is protected by the Constitution as a legal institute from public legal infringement and as an individual right belonging to anyone (any owner) from infringement of everyone else. Constitutional protection of the right of ownership has promoted this right placing it among human rights and basic freedoms. The protection of the right of ownership has been given in independent court proceedings.
Keywords
property; transformation; guaranty; protection
Hrčak ID:
53538
URI
Publication date:
8.4.2010.
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