Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2018.55.127.111
Differentiating public interest, general interest and interests of the Republic of Croatia in the context of legal public limitations of ownership rights
Frane Staničić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
Encroaching on ownership rights is one of the most invasive procedures of public powers. Therefore, it is necessary to regulate cases where such encroachment on the ownership rights of natural persons or legal entities is allowable. The Croatian Constitution, as opposed to comparable legal systems does not use the phrases „general interest “or „public interest” when it regulates situations in which ownership can be limited or taken away. Our constitution creator decided on the phrase „interests of the Republic of Croatia “, that is, situations where it is permissible to limit ownership (and other rights) are described. The aim of this paper is to establish whether differences among the afore- mentioned phrases exist within the Croatian constitutional framework. Then, if they do exist, when is ownership limitation and when is ownership dispossession possible, primarily within the context of expropriation, and under what conditions.
Ključne riječi
general interest; public interest; interests of the Republic of Croatia; limitation and dispossession of ownership rights
Hrčak ID:
194891
URI
Datum izdavanja:
28.2.2018.
Posjeta: 6.623 *