Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2011)
Croatian Constitutional court on the rights of the maritime domain
Abstract
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: 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 in land register therefore are res extra commercium.
