Izvorni znanstveni članak
https://doi.org/10.21857/9xn31cwqpy
The Property Law of Beaches in the Republic of Croatia
Marin Novak
Sažetak
The problem of limiting public use of maritime demesne as a form of public domain is as inherent to the doctrine of public domain as it is to the need to preserve its unique natural and social value. Maritime demesne cannot be subject to any property rights, but can be subject to private exploitation by way of concessions, which are similar to property rights and give rise to various questions concerning the conflicting models of the use of maritime demesne.
Thus, the development of maritime demesne, specifically beaches, is traced from the early Austro-Hungarian legislation, over the period of social ownership, up to the current Martime Demesne and Maritime Ports Act. The legal typology of beaches, acquired rights, and the granting, protection, and termination of concessions are discussed.
Current solutions, which have attracted significant public attention, are contrasted with the earlier Martime Demesne and Martime Ports Bill of 2003. Contrary to popular opinion, this paper demonstrates that the new Martime Demesne and Maritime Ports Act of 2023 does not in fact deviate significantly from previous legislation but, in fact, generally improves it. Nevertheless, certain issues remain open, such as those concerning the lien capacity of concession rights and acquired rights on maritime demesne.
Ključne riječi
concessions; public domain; maritime demesne; beaches; Maritime Demesne and Maritime Ports Act of 2023
Hrčak ID:
323920
URI
Datum izdavanja:
17.12.2024.
Posjeta: 0 *