Review article
Protection of Maritime Demesne from unlawful Privatisation in the Process of Transition
Vinko Hlača
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Jakob Nakić
; Općinsko državno odvjetništvo Rijeka, Rijeka, Hrvatska
Abstract
Maritime demesne and privatisation in the territory of the Republic of Croatia, particularly of real estate as a public demesne (a maritime demesne and public roads) still require detailed analysis. From the very beginning of privatisation on the basis of the Act on the Transformation of Socially Owned Enterprises (Official Gazette NN 19/91, 83/92, 84/92, 94/93, 2/94, 9/95, 21/96, 118/99) maritime demesne was unlawfully transformed into an ownership right over real estate. Although many theoreticians and practitioners had previously pointed to the irregular and unlawful transformation of public demesne into an ownership right, the actors of transformation and privatisation in practice did not worry unduly about those warnings. In this paper, reference is made to all the relevant works dealing with this issue. In addition, the most recent case law is presented, with particular emphasis on the decision of the Commercial Court in Rijeka in relation to the illegal transformation of ownership of the “Viktor Lenac” shipyard.
The authors, like most Croatian theoreticians, hold that no substantive rights may be acquired over any maritime demesne. Special emphasis is put on the need for the systematic, fast and efficient annulment of unlawful registrations of ownership rights over maritime demesne.
Keywords
maritime demesne; privatisation; transformation; public demesne; sea ports
Hrčak ID:
20406
URI
Publication date:
18.1.2008.
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