Original scientific paper
https://doi.org/10.25234/pv/30428
THE IMPORTANCE OF THE PRINCIPLE OF CONTINUITY AND PRIMACY OF NATIONALITY ON THE EXAMPLE OF THE CASE OF COUNT DRAŠKOVIĆ
Frane Staničić
orcid.org/0000-0001-8304-7901
; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Croatia
*
* Corresponding author.
Abstract
In denationalization procedures, that is, the right to compensation and/or return of confiscated property according to the Law on Compensation for Property Confiscated During the Yugoslav Communist Rule, the question of nationality is (was) extremely important. Namely, from 1996 to 2002, foreign nationals did not have the right to be entitled to compensation. Since 2002, the holder of the right to compensation is any previous owner, regardless of nationality, whose right to compensation for confiscated property is not regulated by an intergovernmental agreement. Therefore, the question of nationality is still important for the possibility of instigating denationalization procedures. In the mentioned procedures, until 2002, the question could arise as to whether a person was a Croatian national or not, that is, after 2002, the question could arise as to whether a person was a national of a state with which there is an intergovernmental agreement on compensation for confiscated property. In determining the nationality of a potential recipient of compensation, two principles of nationality law are extremely important - the principle of continuity and the principle of the primacy of nationality. The paper will analyze these two principles and their application in the denationalization process will be shown in the case of count Drašković.
Keywords
nationality; principle of continuity of nationality; principle of primacy of nationality; Drašković; denationalization
Hrčak ID:
322319
URI
Publication date:
15.11.2024.
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