Skoči na glavni sadržaj

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https://doi.org/10.21857/y26kecvgx9

Legal nature of the maritime domain

Vladimir-Đuro Degan orcid id orcid.org/0000-0001-6884-1189 ; Jadranski zavod HAZU, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 449 Kb

str. 5-18

preuzimanja: 508

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Sažetak

During nearly forty years after World War II in former Yugoslavia the idea of the right of
self -management by ‘’associated labour organizations’’ over social ownership which had no
titular was spread. That right was considered to be the supreme human right, even in respect
of individuals. Private initiative in the sphere of production was not encouraged.
With the fall of socialism in Yugoslavia, and with the demise of Yugoslavia itself, opposite
trends grew up. The new capitalist class promotes the privatisation of everything, including
the objects that have since Roman times been in usu communis, and as such extra
commercium.
The author of this paper opposed such trends already in 1994, when the war in Croatia was
still raging. Instead of privatisation, he advocated the institute of granting concessions to
natural and juridical persons in respect to some activities in the areas of maritime domain.
However, in new drafting of legislation the institute of concessions over areas belonging to
maritime domain tends to evolve close to the right to real property with loose State control
over selling and buying or transferring granted rights to third persons.
The aim of the present paper is to clarify basic legal concepts in this domain in order to avoid
gross misunderstandings in Croatian legislation and practice. Being a coastal State in the
Mediterranean with developing tourist industry, Croatia has a strong interest not only in
preserving its maritime domain, but also in bringing up foreign investments.

Ključne riječi

Roman law; ownership; ownerless objects (res nullius); public domain; ports; concessions

Hrčak ID:

190226

URI

https://hrcak.srce.hr/190226

Datum izdavanja:

27.11.2017.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.194 *