Naslov
Civil law protection from emissions in the case of landfill

Autori
Kačer, Blanka

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

Izvornik
Economic and Social Development, 31th International Scientific Conference on Economic and Social Development - "Legal Challenges of Modern World" / Cingula, Marijan ; Rhein, Douglas ; Machrafi, Mustapha - Split : Varazdin Development and Entrepreneurship Agency and Faculty of Law University of Split, 2018, 47-53

Skup
31st International Scientific Conference on Economic and Social Development: "Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 07.06.2018. - 08.06.2018

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
civil law aspect, economics, immissions, landfill, tourism

Sažetak
According to numerous data, Split has become a tourist centre. Countless cruise ships dock here and the world renowned Ultra music festival has been held here for years now. Tourism has developed to the extent that people started to move out of their homes (at least during summer months) and stay with their families in order to rent their apartments to tourists. One of the most important components for economy of a country is precisely tourism. In the last few months, Split citizens have been faced with the rehabilitation of the largest landfill south of Zagreb, Karepovac in Split. Due to the rehabilitation in Split, especially when the wind blows, there is an unbearable stench. The smell is so strong that in certain parts of the city people must wear protective masks on their face. The legal framework in a regulated state must contain a solution for such situations. This means determining who is entitled to request that such a situation be disrupted and / or to compensate for the damage as well as deciding who is entitled to compensation. In conclusion- who will pay for all of it? Formally in the foreground is the municipal utility company and, consequently, its founders. However, the Republic of Croatia cannot be released from responsibility, because its bodies formally forced the City of Split and Karepovac to accept garbage from a number of other municipalities and cities, despite the opposition of the utility company and the City of Split. The aim of this paper is to analyse the solutions in the Croatian legal framework de lege lata, in particular the Ownership and Other Property Rights Act and the Civil Obligations Act and de lege ferenda to provide suggestions where necessary and to encourage discussion on this topic among others in order to analyse the situation in their countries. If there is place for prognosis, this whole case would probably represent a "cash cow" for Croatian lawyers, but also a huge burden on the judiciary system.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Rad je indeksiran u WOS.

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