Stjecanje i zaštita posjeda na pomorskom (općem) dobru de lege lata - de lege ferenda : (poseban osvrt na prijedlog novog Zakona o pomorskom dobru i morskim lukama)
Acquisition and protection of possession within maritime (public) domain – de lege lata – de lege ferenda : (With special regard to the Draft Law on Maritime Domain and Sea Ports)

Summary/Abstract: Maritime domain, as the public domain, according to the general enactment of Ownership Law and other real rights, and special enactment of the Law on Maritime Domain and Sea Ports, represents a non-tradable subject, which as such, cannot be the object of Ownership Law and other real rights. As the possession is legally relevant factual governance (power) of property, and not subjective real right, and as afore mentioned enactment does not expressly exclude the maritime domain as the object of ownership, there is a doubt whether the legal protection of possession of things is allowable, i.e., the possession (praedial servitude) of maritime domain as the public domain. In further analyses of de lege lata enactment which regulates the domain, the public domain, and the special maritime domain, the authors analyse the possibility of acquisition, as well as protection, of possession, i.e., of possession (praedial servitude) of maritime domain, as the public domain, with the analyses of solutions brought forward in the draft bill of the new Law on Maritime Domain and Sea Ports - de lege ferenda.

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