Građanskopravni aspekt zaštite od prekomernih imisija
Докторанд
Vučković, Milica D.Ментор
Lazić, MiroslavЧланови комисије
Planojević, NinaSimonović, Ivana
Метаподаци
Приказ свих података о дисертацијиСажетак
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
enjoye...ment 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.