Građanskopravni aspekt zaštite od prekomernih imisija
Vučković, Milica D.
Faculty:University of Niš, Faculty of Law
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Rights over immovables are subjects to numerous public law and private law limitations. An immovable - land is limited resource and a scene of various battles and wars for a possession of it. What is under the surface of land doesn't even belong to it's owner. On the surface, in multiple ways and numerous variations, different forms of usage and disposal, as a contents of different subjective rights over land, take place. And also a whole little history and drama of mutual influences between immovables. The aim of our research is comprehensive and critical investigation of existing system of civil law protection from excessive immissions in the law of Republic of Serbia and in comparative law, and recognition of tendences in it's future development. This research should point out to the needs and possibilities of achieving a balance between development of human settlements and various useful and profitable human activities and colife of neighbours on one side, and enjoyement
and respect of property rights and personal rights, on the other side. In all investigated legal systems a responsability for immissional damage is a form of objective responsability. There also are numerous legal standards that give great discretional powers to judges. General or public usefulness of an activity, and sometimes a mere existence of a licence for an activity, as a reason for granting a sort of privileges to one side in the immissional dispute, is a bad characteristic of all investigated legal systems, and that fact also could be considered as a figure in degradation of the environment. Preventive protection should have a much greater role in this field, having in mind that the damage arising from immissions very often isn't repearable. Through prevention, the immissional damage could be averted from growing into ecological damage.View More
Keywords:Prekomerne imisije, pravo svojine, nepokretnosti, građanskopravna odgovornost, zaštita životne sredine; Excessive Immissions, Ownership Right, Immovables, Civil Law Protection, Protection of the Environment