Mic îndrumar de reparare a bunei vecinătăţi
Small guideline to repair the good neighborhood

Summary/Abstract: Article 630 of the new Civil Code has transposed into our law the concept of nuisance, that the Civil Code of Québec, the main source of inspiration for our Civil Code, adopted from the practice of (English and French) courts, thus creating a new, autonomous legal regime aimed at solving problems in the relations between neighbours. Dedicating this study to a thorough interpretative approach of the abovementioned legal text, the author starts from a necessary look at the historical evolution of the concept, which shows us how in time it emancipated from the continental theory of the abuse of rights, and thus escaped the influence of tort liability, becoming an independent concept. Finding, as the text of Article 630 itself states, its origins in the idea of equity, the new concept of nuisance rather seeks to repair damage suffered by the neighbours than to establish a case of liability, aimed at punishing the author. As such, the idea of equity has to be present throughout the process of applying the text, courts being called upon, in establishing reparation, to ”balance the equities” and, why not, to use this concept not only as an instrument of redressing done wrong, but, at the same time, as a means of preventing them.

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