Răspunderea și repararea prejudiciului pentru tulburările de vecinătate
Liability and reparation of the damage for neighbourhood disturbances

Summary/Abstract: In this study the author points out that, although in Romania we can not talk about a real regime of liability for the inconveniences of neighbourhood, but rather about an identity between this form of liability and the one for the abuse of law, however the social, economic, cultural realities, etc. impose such regulation. From a legal point of view, there is no exact definition of this notion, reference being often made in the legal doctrine to the sociological studies that have examined neighbourhood relations or to geographic studies, in which it is contained the essence of this notion from a spatial point of view.The author points out that neighbourhood can be defined as a state of facts that captures the co-existence of some persons, of some assets, whether movable or immovable, configuring those spaces of conflict and discussing proximities and distances. The Civil Code establishes precise rules on environmental protection and good neighbourliness, considered to be legal limits to private property right, thus, according to the provisions of Article 603 of the Civil Code: „The property right imposes the compliance with the duties concerning the environmental protection and the ensuring of good neighbourliness, as well as the compliance with the other duties which, according to law or custom, belong to the owner.”The new regulation nuances certain aspects which, in practice, raise many problems; the following are examples: the use of waters, the roof droplet, the distance and the intermediate works for certain constructions, works and plantations, the view of the neighbour’s property, the right of passage, and finally the judicial limits are regulated.These judicial limits determine expressis verbis the consequences of exceeding the normal boundaries of the neighbourhood, more precisely, if the owner causes, by exercising his right, greater inconveniences than the normal one in the neighbourhood relations, the court may, on grounds of equity, compel him to pay compensation for the benefit of the injured person, and to restore the previous situation whenever possible.From the provisions of Article 630 (1) of the Civil Code it arises the idea according to which there are two types of inconveniences of neighbourhood, namely: – normal inconveniences of neighbourhood; – inconveniences greater than normal, which we will refer to as abnormal inconveniences.The notion of inconvenience is interpreted in practice as being rather a damage, be it moral, corporal or material, which is of a continuous nature, and it can sometimes be classified as being even permanent. The theory of inconveniences of neighbourhood is built around the following principle: neighbours have the obligation to bear the normal inconveniences of neighbourhood, and in addition they have the right to have the damage caused to them by abnormal inconveniences of neighbourhood repaired.The author points out that the exercise of the property right, as well as of the other divisions obliges its „actors” to adopt a conduct through which they do not violate their neighbours’ rights.In terms of legal liability there is no difference between the person who has the quality the owner and the one who enjoys only one of the attributes of the property right, therefore we have to consider the extensive meaning of the notion of neighbour, avoiding in this regard the limitation of the right to sue for the abnormal neighbouring inconveniences suffered.As regards the basis of the legal liability for abnormal inconveniences of neighbourhood, it is found in: the idea of liability based on quasi-contract; the abuse of right; the risk theory; the judgment of equity; the principle that no one should cause a neighbourhood inconvenience to another party.As regards the obligation to compensate for abnormal damages, the neighbours shall have the obligation to bear the normal inconveniences of neighbourhood, and the liability for abnormal inconvenience may be engaged if the following conditions are met: the excessive exercise of a normal neighbourhood obligation; the presence of a direct or indirect damage; the damage should have a continuous nature or should be permanent; in the French legal doctrine a lack of intentional deed is added, while the Romanian legal doctrine nuances the condition of the existence of some guilt in the form of imprudence or negligence.

• Details
• Contents