期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2011
卷号：32
期号：1
页码：633-655
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：Urban consolidation is an institute which was introduced in Croatian legal system by the Regional Planning and Development Act intended to better administer and regulate building land in urban areas. Without any doubt, physical planning is in interest of the Republic of Croatia. The same quality was attached to the institute of urban consolidation. Nevertheless, limitation on ownership, and in some cases cessation of the right of ownership, deriving from provisions which regulate the urban consolidation are not within the limits imposed by the Constitution of the Republic of Croatia. Therefore, the aforesaid provisions and consequences caused by their application for owners of consolidated land are an object of analysis in this article. Moreover, the author points at provisions in significant derogation of the constitutional principle of court protection of civil rights, general legal regulation of real property and basic principles of land registry law. Non-compliance of regulations with the basic constitutional and civil law principles may seriously compromise legal certainty. Having all this in mind, the author firmly believes that legislator has to seriously consider amending provisions on urban consolidation to ensure the right of ownership and legal certainty guaranteed by the constitution.
关键词：urban consolidation; guaranteeing the right of ownership; limitation on ownership.
