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Original scientific paper
https://doi.org/10.21857/y26kecvgx9

Legal nature of the maritime domain

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

Fulltext: croatian, pdf (449 KB) pages 5-18 downloads: 210* cite
APA 6th Edition
Degan, V. (2017). Pravna narav pomorskog dobra. Poredbeno pomorsko pravo, 56 (171), 5-18. https://doi.org/10.21857/y26kecvgx9
MLA 8th Edition
Degan, Vladimir-Đuro. "Pravna narav pomorskog dobra." Poredbeno pomorsko pravo, vol. 56, no. 171, 2017, pp. 5-18. https://doi.org/10.21857/y26kecvgx9. Accessed 11 Apr. 2021.
Chicago 17th Edition
Degan, Vladimir-Đuro. "Pravna narav pomorskog dobra." Poredbeno pomorsko pravo 56, no. 171 (2017): 5-18. https://doi.org/10.21857/y26kecvgx9
Harvard
Degan, V. (2017). 'Pravna narav pomorskog dobra', Poredbeno pomorsko pravo, 56(171), pp. 5-18. https://doi.org/10.21857/y26kecvgx9
Vancouver
Degan V. Pravna narav pomorskog dobra. Poredbeno pomorsko pravo [Internet]. 2017 [cited 2021 April 11];56(171):5-18. https://doi.org/10.21857/y26kecvgx9
IEEE
V. Degan, "Pravna narav pomorskog dobra", Poredbeno pomorsko pravo, vol.56, no. 171, pp. 5-18, 2017. [Online]. https://doi.org/10.21857/y26kecvgx9

Abstracts
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.

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

Hrčak ID: 190226

URI
https://hrcak.srce.hr/190226

[croatian]

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