Private Law Elements in the Environmental Law Cover Image

Soukromoprávní prvky v právu životního prostředí
Private Law Elements in the Environmental Law

Author(s): Milan Damohorský
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: owned and unowned environment; ownership; animals; plants; land and water

Summary/Abstract: The article deals with the role of civil law in the environmental protection. Even though private law plays a very marginal role in the domain of public environmental law, some crucial and important consequences appear. Especially, ownership of the parts and elements of the environment has an influence on the protection of those parts and on the remedy of environmental damage. The new Czech Civil Code plays an important role in this domain, but there are some problems with the provisions concerning animals, plants and neighbourhoods rights. Even though we must take into account civil law consequences of environmental protection, environmental law remains fundamentally and basically in the domain of public law.

  • Issue Year: 63/2017
  • Issue No: 3
  • Page Range: 9-14
  • Page Count: 6
  • Language: Czech