Naslov
Legal inconsistency of Baranja wine cellar ‘Gator’ with the principle of superficies solo cedit

Autori
Žiha, Nikol ; Sukačić, Marko

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economy of eastern Croatia – vision and growth: 8th International Scientific Symposium / Leko Šimić, Mirna ; Crnković, Boris - Osijek : Ekonomski fakultet Sveučilišta u Zagrebu, 2019, 1284-1299

Skup
8. međunarodni znanstveni simpozij: Gospodarstvo istočne Hrvatske – vizija i razvoj = 8th International Scientific Symposium: Economy of Eastern Croatia – Vision and Growth

Mjesto i datum
Osijek, Hrvatska, 30.05.2019. - 31.05.2019

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Baranja ; Gator ; legal insecurity ; property law ; superficies solo cedit

Sažetak
The traditional ‘gator’ wine cellar in the region of Baranja is already a well-established cross-border attraction and protected cultural resource of economic importance to the regional tourism of Slavonia and Baranja. Due to its unique architectural form created by digging and casting into the soft hill as opposed to building, the cellar may extend below ground in two separate cadastral parcels. In the legalization procedures that have been extensively pursued in recent years, many cases appeared in which a cellar was constructed below a neighbouring land plot without a valid construction permit and the owner’s approval. Outlined practices are contrary to the rule of the legal unity of real property (superficies solo cedit)—one of the main principles of Croatian property law adapted through the Roman legal tradition. Considering that the cadastre and land register do not always reflect the actual situation of the real estate because they were not accurately maintained during the period of former SFR Yugoslavia, it could cause legal uncertainty in real property trading and generate further problems in the economic exploitation of the protected objects. By analysing the legal position of ‘gators’ within the framework of Croatian property law, the objective of this paper is to define its legal nature and address the potential practical problems that arise through their commercial usage. Consequently, this article aims to provide solutions how to overcome the challenging issues resulting from breaking the unity of real property.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA