Original scientific paper
The Ownership of Olive Trees in Lun (Island Pag) and the Principle superficies solo cedit
Ivan Milotić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
In the northern part of the island Pag, on the territory of Lun, specific type of ownership of olive trees developed from the 18th century onwards. This specific type of ownership has its legal grounds in local customary law which allows one person to be the owner of an olive tree regardless of the legal regime of land property. This means there
is a legal dualism between real property rights on the olive tree and on the land. Such a concept abolished the principle of Roman law expressed as superficies solo cedit by which everything that is firmly connected with land on its surface belongs to the land’s owner. Principle superficies solo cedit was prescribed by the statutory provisions of the medieval laws of the community of Rab which for centuries exercised its jurisdiction over the northern parts of the island of Pag (pertinent to Lun’s community). Today a concept of legal dualism between regimes of olive trees and land is contrary to the
principle of unity of a real estate which is generally proclaimed in Croatian real property law in force. The aim of this paper is to explain genesis, development and features of the traditional concept of ownership existing on the olive trees in Lun. Author analyses
its legal nature and function within the framework of different legal systems and real property laws that were applied to the real property on Lun in the last few centuries. Author discusses how this customary concept of ownership was incorporated into the real property law. The aim of this paper is to analyze how the customary law survived and
how it was implemented (especially in the land registers) until today. The paper discusses an important question whether the ownership of olive trees can nowadays be recognized as a category of law in force.
Keywords
Lun; island Pag; olive trees; legal duality; superficies solo cedit; customary law
Hrčak ID:
116279
URI
Publication date:
30.12.2013.
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