Right to Live in a Favourable Environment as a New Personality Right Cover Image

Právo žít v příznivém životním prostředí jako nová součást ochrany osobnosti
Right to Live in a Favourable Environment as a New Personality Right

Author(s): Hana Müllerová
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: personality rights; right to environment; private nuisance

Summary/Abstract: The paper concentrates on subsuming of the right to live in a favourable environment explicitly into personality rights in the new Czech Civil Code of 2012 and its prospective benefits for the protection of the environment. The author describes general features and preconditions of exercising personality rights and considers how to apply them on the sphere of the environment that is specific in numerous regards. She examines also the possible relation of this personality right to the regulation of private nuisances and its linkage to the constitutional right to a favourable environment under Art. 35 of the Czech Charter of Fundamental Rights and Freedoms.

  • Issue Year: 63/2017
  • Issue No: 3
  • Page Range: 15-33
  • Page Count: 19
  • Language: Czech