THE OWNERSHIP RIGHT AND PROTECTION OF THE ENVIRONMENT Cover Image

ПРАВО СВОЈИНЕ И ЗАШТИТА ЖИВОТНЕ СРЕДИНЕ
THE OWNERSHIP RIGHT AND PROTECTION OF THE ENVIRONMENT

Author(s): Milica Vučković
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: right; environment protection; private nuisance; Environmental law

Summary/Abstract: The ownership and the environment live in constant unbalanced interaction. The ownership is being changed while changing the environment. Basic principles and rules of the Environmental Law can be a great preasure for property. In every of three conceptions of the aim of the Environmental Law (antrophocentric, ecocentric and resource-economic conception), it is possible to draw upon certain position of the ownership right. In antrophocentric view, one can see a trait of ownership to be emanation and condition of human freedom. In the ecocentric view, we can talk about the ecological function of ownership, and in resource-economic perception, we can se its economic function. Through the recognition of ecological value of certain things, we acknowledge the ecological function of ownership. The ownership of ecologicaly valuable things is polyvalent real right. Ecological value of a thing can be positive or negative. Ecological function of ownership can be perceived as a part of its social function. But, because of general neglection of it, it is necessary for ecological function to be separate and distinct function of ownership right.

  • Issue Year: LVII/2018
  • Issue No: 81
  • Page Range: 381-397
  • Page Count: 17
  • Language: Serbian