Pregledni rad
DETERMINING THE BOUNDARIES OF MARITME WELFARE IN CROATIAN LAW
Julijana Vladušić
Sažetak
The problem areas of maritime welfare, more precisely the determination of the boundaries of maritime welfare is important primarily due to the boundary determination of the maritime wealth zone as common good to which one cannot gain the real property rights in legal transactions. The author refers in more detail to the aquatic, sub-sea and mainland component where the main emphasis is placed on the mainland components as the most disputable in legal practice and theory. An analysis of the procedure to determine boundaries of maritime welfare is given with reference to certain legal solutions. When one speaks of the boundary determination of maritime welfare, the question of the legal nature of that decision arises. In other words, whether it can it be considered as constitutive and declarative. The author supports the viewpoint that the decision on the boundary determination of maritime wealth should be treated as declarative because otherwise the body for determining maritime wealth boundaries would have greater power from the legislature in the determination of which things belong to the regime of out of legal transaction. Apart from this, it would mean that maritime wealth is non-existent until a decision is brought about the boundary. This is in conflict with legal determinants. Even though it is not necessary to register maritime wealth as common good in the land titles register, it is nevertheless necessary to make maritime wealth visible in order to provide better and more efficient protection. In this paper an analysis is given of the court practice from which all the differences of court procedure in the Republic of Croatia are evident. Specific legal regulation of social ownership, which ‘has imprinted itself’ onto our legal system, has resulted in numerous illegal registrations to property which is ex lege maritime wealth. In the attempt to absolve the gained registered real rights, the legislature provides the institutions of dispossession in the case of validly legal foundations, and removal in the case of invalid legal foundation. In addition, it is not stated neither by example nor taxatively what could be valid titles and means of acquiring real rights because it is known that neither the acquirement of ownership nor any other real rights to maritime wealth have ever been possible. The lack of documentation of maritime wealth, determined boundaries in locations of negligible magnitude and inconsistent legal practice have resulted in legal chaos, illegal usurpation and a low level of maritime wealth protection.
Ključne riječi
maritime welfare; boundaries; Repubblic of Croatia
Hrčak ID:
36059
URI
Datum izdavanja:
20.4.2009.
Posjeta: 4.748 *