Search

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Thought / Pravna Misao is the property of Legal Thought / Pravna Misao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

When enforcement is determined on an object that is co-owned by the executor and a third party who is not the executor, domestic and comparative procedural theories identify (only) the concept according to which the co-ownership of the third party represents their exclusive right, starting from the fact that it is natural for a forced settlement enforcement requester to be carried out based on the value of the executor’s property. In addition to the above, two other models are identified in the paper using the normative-dogmatic and comparative law method – the right of co-ownership of the third party on the object of execution, which represents a conditional exclusive right, and their right which is not an exclusive right. The legal-value reach of the identified legal models is examined by analyzing the current domestic and foreign procedural theories, as well as the current domestic judicial practice, and by examining their compatibility with the convention standard of protection of the third party’s right to peaceful enjoyment of property. Since the laws of the entities of Bosnia and Herzegovina accept opposite models regarding this issue, the research aims to point out to the legislators in the entities of Bosnia and Herzegovina the importance of conceptual harmonization as soon as possible. It is concluded that from the identified legal models, the protection of the right to peaceful enjoyment of the property of a third party is provided (only) by the one that envisages the co-ownership of this person as his exclusive right, either on the movable or immovable thing on which enforcement is determined. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this paper is to analyse the affairs/activities in which the Directorate for Maritime Transport was engaged during a twenty-year period (1925 – 1941) and (1945 – 1949). The tasks conducted by this central state authority for all maritime activities on the seacost territory were diverse. For instance, the following subject matters were within its jurisdiction: a) maritime domain management; b) coastal navigation surveillance; c) improvement of shipping and naval architecture; d) fisheries and sport fishing; e) the design, construction and maintenance of seaports, berths and other maritime facilities; f) cooperation with seafarers and other affairs. In short, research based on an analysis of part of the rich archival materials from the State Archives in Split and Croatian legal and maritime affairs history reveals its numerous, but to the wider scientific and professional public insufficiently known, activities in the field of maritime administration. The Kingdom of SHS, the Kingdom of Yugoslavia and the Federal People’s Republic of Yugoslavia built an organisational system of maritime administration modelled on the Austrian Central Maritime Administration in Trieste, founded in 1850. Regarding the legal status of the maritime domain, the Directorate, in carrying out everyday activities, implemented the provision according to which the coastline (shore) is indeed a common good for general use, where no real property rights can be acquired on it, and where it can be granted for use by means of privilege (concession). A conclusion is drawn that the Directorate performed the tasks of the disposal, management, and supervision of the maritime domain in an appropriate and conscientious manner. [ABSTRACT FROM AUTHOR]

The paper discusses issues regarding the determination of boundaries of the maritime domain and port area. Despite the well-known disadvantages of the domestic law in this matter, an attempt is made to answer the question of the relevant moment of determining the status of real estate as a maritime domain. This answer should serve as a relevant fact for further action of the competent authorities regarding legal relations related to that real estate. For this purpose, the normative regulation of the determination of boundaries of the mainland component of the maritime domain and port area is analysed, with its application in practice. An overview of the latest case law is given and an analysis is made of the impact of such case law on the existing relations on the maritime domain and port area, especially with regard to ports of special purpose. The final part of the paper analyses the current situation, and a solution to the existing issues is proposed for the purpose of ensuring consistency and legal certainty. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Although more than 19 years have passed since the introduction of the new concept of ownership of a separate part of real property (condominium) by the Ownership and Other Property Rights Act, there are numerous dilemmas in practice concerning its application, especially in regard to the establishment of ownership of a separate part of real property (condominium). In fact, in judicial practice (and in Croatian legal doctrine) there are different points of view about the question whether it is possible to establish condominium at the request of the co-owner who has the appropriate co-ownership share even in case of lack of agreement between all co-owners. In this paper the author analyses the legal regulation of establishment of ownership of a separate part of real property (condominium) at the request of the co-owner who has the appropriate co-ownership share with reference to the normative solutions of the 1975 Austrian Condominium Act (Wohnungseigentumsgesetz), which has served as a model for the regulation of condominium in the Republic of Croatia, and aims at giving answers to open controversial questions. [ABSTRACT FROM AUTHOR]

Copyright of Sociology & Space / Sociologija i Prostor is the property of Institut za drustvena istrazivanja u Zagrebu (Institute for Social Research of Zagreb) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Radovi Zavod za povijesne znanosti HAZU u Zaru is the property of Zavod za Povijesne Znanosti HAZU and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Annual of the Faculty of Law / Godišnjak Fakulteta Pravnih Nauka is the property of Pan-European University Apeiron and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The theme of the project is DOF2 control in the cadastral district Đurđevac. Field part of accuracy control of DTM, DOF, signalization and method of signalization have been made. Measurements were taken on April 19th 2013. Remeasurement of points that are part of homogeneous field was made by the GPS RTK method in the CROPOS system. The aim was to control those points whose coordinates had already been determined when making the DOF2. Control points of DTM were measured by the RTK and the cadastral survey was made with the polar method. The results were used for the quality assessment of the DOF2. [ABSTRACT FROM AUTHOR]

Copyright of Historical Journal / Historijski Zbornik is the property of Drustvo za Hrvatsku Povjesnicu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Thought / Pravna Misao is the property of Legal Thought / Pravna Misao and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Economic Trends & Economic Policy is the property of Institute of Economics, Zagreb and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Searching for the answer to a question of the form of a contract inevitably raises the question of the existance i.e. validity of the contract. In the legislation of the Republic of Srpska, in the field of transfer of real property, there are the Transfer of Real Property Act and the Notaries' Act. The question of authority is resolved with the help of a temporal criterium - depending on the moment of drawing such a contract. Thus, the Real Property Act is applied on the contracts entered into until 11 March 2008, and for all contracts drawn afterwards, the Notaries' Act is a competent source of law. According to the Real Property Act, enforcement of a contract in full or in part, i.e. signatures of authorised witnesses cover the shortages of a required form thus enabling convalidation, and the Notaries' Act determines that additional validation of a real property contract entered into after 11 March 2008 is absolutely excluded. The only legal consequence for disrespect of a notary form is invalidity, without the possibility of convalidation. Such specific legal treatment of the real estate property form, in the law of the Republic of Srpska, is justified with the fact that the subject of this contract is, as a rule, the trade in things of higher value, and the fact that the imperative of a social community is, in the matter of trade in legitimate assets and in the preventive phase, to protect public interest. These are the grounds for ratio legis of the notary form of the real property contract, whose primary purpose is to regulate legal relations in such way as to avoid disputes and guarantee legal certainty for both, contracting parties and third parties. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Annual of the Faculty of Law / Godišnjak Fakulteta Pravnih Nauka is the property of Pan-European University Apeiron and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Godišnjak Pravnog Fakulteta u Sarajevu is the property of Godisnjak Pravnog Fakulteta u Sarajevu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article deals with the legal position of sea coast in Croatia. The authors mention how the status of the sea coast is regulated in the current laws and legislations as maritime domain, and the way it was protected by legislation in the past. Building legislation, registration of buildings, and special conditions of building on the sea coast is also being analyzed. In conclusion the questions of regulation and registration of rights on the buildings built on the maritime domain are discussed. [ABSTRACT FROM AUTHOR]

The article analyzes the intention to posses, an element of intention, as a component of possession. Several positive and historical legal systems have been offered to came up with a conclusion regarding the issue of existence of the intention to possess. The author concludes that the intention, base on its nature, is the intention simply to posses or termed as an "animus possidendi."

At the beginning the author gives a historical review of building on another's ground till today - where two models have been established: the first one prefers the ground's owner which derives from the principle superficies solo cedit, and the second one prefers the constructor. Considering the Croatian Ownership and Other Real Rights Act, the author analyses some particular situations where the ground's owner and the constructor have or do not have good faith and the proprietary and obligatory effects of that circumstance. The author also comments on the regulation of special situations of building on another's ground: exceeding the bound by building; upgrading, adaptation, adding or inserting material; and building on another's right to build. [ABSTRACT FROM AUTHOR]

In this paper, the author analyses two principles - the principle of separation of powers and the principle of unity of powers, worked out thoroughly within constitutional law and political doctrine, about how the relations between the bodies that deal with different categories of state functions (legislative, executive and judicial) should be constituted, aiming at the limitation and control of powers and the prevention of their abuses, so that the freedom of every individual could be protected. The author also examines the possibility of realizing these principles through the constitutional text and through the constitutional political reality. In the final part of this paper, the author focuses on the issue of dislocation of competences between the state bodies (in favor of executive power) in the state of emergency, and he points out how states, without regard to different types of power organization, and within the complete system of limitation of powers, in states of emergency (such as war, disorder, earthquake, rebellion and similar), endeavor to achieve some level of control of the executive power, though the executive power, with special mechanisms, on the account of state of emergency largely extends its competences, which threatens with greater possibility of power abuses than in normal circumstances. [ABSTRACT FROM AUTHOR]

ČLANAK OBRAĐUJE PROMJENU GRANICE KATASTARSKE OPĆINE CERNIK U SKLOPU KATASTARSKE IZMJERE. NAVEDENI SU POSLOVI VEZANI ZA POSTUPAK KATASTARSKE IZMJERE. OPISANI SU POSLOVI I ZADACI POTREBNI ZA ODOBRAVANJE PROMJENE GRANICE K.O. TE PRIKAZAN SADRŽAJ ELABORATA PROMJENE GRANICE KATASTARSKE OPĆINE. [ABSTRACT FROM AUTHOR]

The article presents a doctoral dissertation on the urban characteristics of Zagreb residential estates built from 1918-1963 in Croatia. The planning, spatial disposition and construction and the urban characteristics built according to the planning documentation is examined. The Zagreb social and economic development that affected residential construction is also discussed.