Kritika važećeg i prijedlog novog pravnog uređenja vađenja i uklanjanja podrtina i potonulih stvari
A critical view of the positive legal regime of the recovery and removal of wrecks and sunken objects and the proposal of a new one

Summary/Abstract: The main aim of this paper is to offer, describe and explain the solutions representing the proposal of the new legal regime of the recovery and removal of wrecks and sunken objects. First, the authors present the genesis of legal sources in the history and the earlier national legislation studying all the relevant issues and all the provisions of the positive Maritime Code dealing with this matter. The meaning and the use of particular terms are analyzed, as well as the systematization of the respective legal matter within the structure of the Code, and the contents and effect of individual provisions. The authors question the level of compliance of the positive Maritime Code with modern international legal standards in this field. It is pointed out that some major problems may arise due to the inadequacy of the positive provisions of the Maritime Code and the inexistence of a systematic regulation dealing with all the relevant issues that can arise in practice. Within the current research, a comparative analysis of the respective legal institutes in some other national laws is carried out. The proposed legal solutions are complete and systematic, as they tackle all the relevant issues. Regulating the respective legal institutes by special legal provisions will provide for a higher level of legal security and enhance the safety of navigation in the Adriatic, the protection of marine environment and the natural resources, and other related interests.

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