Stručni rad
LIMITATION ON OWNERSHIP IN THE PROCESS OF URBAN CONSOLIDATION
Iva Tuhtan Grgić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Sažetak
Urban consolidation is an institute which was introduced in Croatian legal system by the Regional Planning and Development Act intended to better administer and regulate building land in urban areas. Without any doubt, physical planning is in interest of the Republic of Croatia. The same quality was attached to the institute of urban consolidation. Nevertheless, limitation on ownership, and in some cases cessation of the right of ownership, deriving from provisions which regulate the urban consolidation are not within the limits imposed by the Constitution of the Republic of Croatia. Therefore, the aforesaid provisions and consequences caused by their application for owners of consolidated land are an object of analysis in this article. Moreover, the author points at provisions in significant derogation of the constitutional principle of court protection of civil rights, general legal regulation of real property and basic principles of land registry law. Non-compliance of regulations with the basic constitutional and civil law principles may seriously compromise legal certainty. Having all this in mind, the author firmly believes that legislator has to seriously consider amending provisions on urban consolidation to ensure the right of ownership and legal certainty guaranteed by the constitution.
Ključne riječi
urban consolidation; guaranteeing the right of ownership; limitation on ownership
Hrčak ID:
82250
URI
Datum izdavanja:
1.4.2011.
Posjeta: 3.293 *