CIVIL LAW ASPECTS OF THE CONFLICT OF PRIVATE AND PUBLIC INTERESTS AND REALIZATION OF GUARANTEE OF THE RIGHT OF OWNERSHIP IN THE BOUNDARY REGULATION PROCEDURE

Abstract

The right of ownership has become the paradigm of modern life. On the one hand categorically guaranteed by the Universal Declaration of Human Rights, The Convention for the Protection of Human Rights and Fundamental Freedoms, and even the Constitution of the Republic of Croatia as one of the highest values that the state can offer an individual, the right of ownership is at the same time subject to public restrictions. In that sense, the question arises as to whether any interference with the right of ownership under the pretext of public interest is really justified. This paper will focus on the issue of the realization of guarantee of the right of ownership, especially by analysing the boundary regulation procedure based on the Act on the State Survey and Cadastre of Real Estates. The main emphasis in on the realization on private, proprietary interests versus the public interest. Through the presentation of court practice and the procedures of administrative bodies, the authors will analyse the protection reach of the institute of the right of ownership and provide guidelines for the regulation of certain open questions de lege ferenda.