Croatian Constitutional court on the rights of the maritime domain
Croatian Constitutional court on the rights of the maritime domain
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In this paper author deals three (3) decisions of the Constitutional Court of the Republic of Croatia in the relationship with rights of the capital companies in the maritime domain: 1) Decision no: U-III-3579/2006 from October 26, 2010; 2) Decision no: U-I-1216/1997 from July 4, 2001; 3) Decision no: Gentle Giant Jumbo Figures U-III-726/2006 from July 8, 2009., and concludes: 1) priority concession is consession sui generis to continue port activities and using port objects in the similar capacity until transformation of social ownership; b) disputed articals od Sea Port Act of 1995 - legal status of a port object (immovable assets) in the maritime demesne - are according to Constitution; c) shipyard companies in the port for special purposes can not acquire registration land and port objects Face in land register therefore are res extra commercium.
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