LIABILITY ISSUES ARISING FROM THE DISTURBANCES TO THE VECINITY Cover Image

Aspecte privind răspunderea civilă rezultată din tulburările aduse stării de vecinătate
LIABILITY ISSUES ARISING FROM THE DISTURBANCES TO THE VECINITY

Author(s): Diana DEACONU-DASCĂLU, Silviu Deaconu
Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: abusive exercise of a right; civil liability; abnormal inconveniences of vicinity;

Summary/Abstract: Neighborly relations arising from the right to property, exclusive and absolute, as characterized by our Constitution, shall be based on a behavior related on good faith and tolerance and on the mutual obligation not to harm the neighbors and not to cause intolerable prejudices, otherwise will be required to repair any damage produced.The violation of requirements, in the opinions expressed in doctrine and practice specialty, has been linked to two legal mechanisms: abuse of rights and neighborhood abnormal inconveniences.This study examines both legal mechanisms, following their evolution in legal concepts under the old Civil Code and especially under the new Civil Code, compared with French law and doctrine, which was the main source of inspiration for Romanian doctrine and the national legislation in 2011 .

  • Issue Year: I/2013
  • Issue No: I
  • Page Range: 574-584
  • Page Count: 11
  • Language: Romanian
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