Lastninska problematika na področju javnega dobrega in v javnem interesu zavarovanih dobrin, predvsem voda

Property issues in the field of public good and limitations in the public interest, with an emphasis on water

Author(s):

Vesna Rijavec

Abstract:

This paper emphasizes the distinction between property and public law regimes on protected goods, with a focus on water areas. Although the limitation of ownership in private interest is created on immovable property, property rights do simultaneously exist, but they are limited in order to achieve the purpose of protecting the public good. The most extensive restriction enforces regimes of public good. Public good may be established directly by law or by general acts of the government or local community with the declaration of public good or with the decision of the competent authority. According to different natures of public goods, legislation provides compulsory or optional regimes of public good. This paper compares of such regimes, while exposing the typical regulations based on the ownership concept of public good. It also indicates specific regimes of water public goods, such as the mainland and marine area, as well as constructed public goods and water infrastructure.

Keywords:

public good, limitation in public interest, water property, costal property, ownership right, other rights in rem on foreign property, extra-commerciality

DOI: 10.15292/geodetski-vestnik.2012.04.713-724

Citation:

Vesna Rijavec (2012). Lastninska problematika na področju javnega dobrega in v javnem interesu zavarovanih dobrin, predvsem voda. | Property issues in the field of public good and limitations in the public interest, with an emphasis on water. Geodetski vestnik, 56 (4), 713-724. DOI: 10.15292/geodetski-vestnik.2012.04.713-724