{"title":"TROUBLED WATERS : CROATIAN SEASHORE AS RES EXTRA COMMERCIUM IN COMMERCIO","authors":"Nikol Žiha, Marko Sukačić","doi":"10.25234/pv/25248","DOIUrl":null,"url":null,"abstract":"This paper seeks to examine the special legal nature of the Croatian seashore as a common good and the challenges of its commercial use. It was Roman law that first recognized the seashore as a thing that was res communes omnium – common property of all men under natural law. Roman jurist Marcian defined it as all air, running water, sea, and the seashore as far as the high-water mark. In Croatia, based on this Roman doctrine, the seashore is considered a maritime domain, the welfare of which is of interest to and under special protection of the state. Although maritime domain should not be presumed as a subject of ownership or commerce (extra commercium), due to numerous legal exemptions, its common good-character has become a point of contention.Contemporary legal solutions in Croatia (especially the Act on Ownership and Other Real Rights (Zakon o vlasništvu i drugim stvarnim pravima), the Maritime Domain and Seaports Act (Zakon o pomorskom dobru i morskim lukama), and the Concessions Act (Zakon o koncesijama)) grant exclusive rights to commercial exploitation of the maritime domain for up to 99 years, as well as provide for pledging or transferring of concession. In doing so, this paper reasons, the Croatian legal system has to a certain extent alienated the legal nature of the maritime domain and de facto created a new ‘quasi-real right’ on the common good.","PeriodicalId":41100,"journal":{"name":"Pravni Vjesnik","volume":" ","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pravni Vjesnik","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.25234/pv/25248","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This paper seeks to examine the special legal nature of the Croatian seashore as a common good and the challenges of its commercial use. It was Roman law that first recognized the seashore as a thing that was res communes omnium – common property of all men under natural law. Roman jurist Marcian defined it as all air, running water, sea, and the seashore as far as the high-water mark. In Croatia, based on this Roman doctrine, the seashore is considered a maritime domain, the welfare of which is of interest to and under special protection of the state. Although maritime domain should not be presumed as a subject of ownership or commerce (extra commercium), due to numerous legal exemptions, its common good-character has become a point of contention.Contemporary legal solutions in Croatia (especially the Act on Ownership and Other Real Rights (Zakon o vlasništvu i drugim stvarnim pravima), the Maritime Domain and Seaports Act (Zakon o pomorskom dobru i morskim lukama), and the Concessions Act (Zakon o koncesijama)) grant exclusive rights to commercial exploitation of the maritime domain for up to 99 years, as well as provide for pledging or transferring of concession. In doing so, this paper reasons, the Croatian legal system has to a certain extent alienated the legal nature of the maritime domain and de facto created a new ‘quasi-real right’ on the common good.
本文试图审查克罗地亚海岸作为一种共同利益的特殊法律性质及其商业用途的挑战。是罗马法第一次承认海滨是一种属于自然法律规定的所有人的共同财产。罗马法学家马西安将其定义为所有的空气、流水、海洋和海岸,直到高水位线。在克罗地亚,根据这一罗马教义,海岸被认为是一个海洋领域,它的福利是国家的利益和特别保护的对象。虽然海洋领域不应被推定为所有权或商业(额外商业)的主体,但由于许多法律豁免,其共同善意已成为争论的焦点。克罗地亚的当代法律解决方案(特别是《所有权和其他物权法》(Zakon o vlasništvu i drugim stvarnim pravima)、《领海和海港法》(Zakon o pomorskom dobru i morskim lukama)和《特许权法》(Zakon o koncesijama)授予海洋领域商业开发的专有权,最长可达99年,并规定了特许权的质押或转让。在这样做的过程中,本文认为,克罗地亚的法律制度在一定程度上异化了海洋领域的法律性质,事实上创造了一种新的“准物权”的共同利益。