Zaštita pomorskog dobra u Republici Hrvatskoj
Protection of maritime demesne in Croatia

Summary/Abstract: Maritime demesne has always been an area which, being the most interesting part of the territory of any country, therefore also of the Republic of Croatia, was exposed to various forms of devastation (such as the construction of marinas, holiday villages, dumping earth into the sea, etc.). Maritime demesne limits have become very important when various large-scale facilities (such as holiday homes, ports, beaches, tourist facilities, etc.) began to be built on the coast. In the Republic of Croatia, maritime demesne is a common good. It falls under the authority of the government which thus has to care for it, maintain it and is responsible for it. According to the opinion of the authors, the procedure determining maritime demesne limits and its good track in the cadastre and land registration cannot be considered satisfactory by far. If one bears in mind that the territory which the Republic of Croatia now occupies had often changed nationality through history, the anarchy involving maritime demesne lasting until today is of no surprise. Therefore, the problem of acquired rights in the maritime demesne remains un(re)solved up to now. The authors give an overview of actual rights which can, in their opinion, be considered acquired in a legally valid manner. Furthermore, they give the overview of the decision of the Commercial Court in Rijeka, which has resolved (non)ownership relations in the special purpose port- shipyard as well as the decision of the High Commercial Court of the Republic of Croatia which has considered the secured rights over the above mentioned special purpose port. At the end of the paper, authors give their position on the issues in question and possible solutions de lege ferenda.

• Details
• Contents