CIVIL LIABILITY FOR PRIVATE NUISANCE – A CASE-LAW PERSPECTIVE ON ARTICLE 630 OF THE ROMANIAN CIVIL CODE
CIVIL LIABILITY FOR PRIVATE NUISANCE – A CASE-LAW PERSPECTIVE ON ARTICLE 630 OF THE ROMANIAN CIVIL CODE

Summary/Abstract: When the New Civil Code of Romania entered into force ten years ago, a new type of civil liability was introduced for the first time – civil liability for private nuisance – a type of judicial limit judges may impose upon property owners in order to remedy a social injustice that might otherwise find no solution within the usual scope of classic liability. This particular type of liability differs from other torts due to the fact that liability can be engaged objectively, irrespective of any fault, and even for actions and inactions that do not stray from the letter of the law. In order to better offer compensation to the victims of private nuisance, Art. 630 allows national courts to conduct judgements ex aequo et bono, thus offering judges a broader range of freedom in their decisions. During these ten years, the Romanian judicial system has undergone many changes to adapt to this new form of civil liability; many problems have been resolved through gained experience, but others still remain the subject of dispute up to this day. The purpose of our study is to analyse a few examples of case-law involving the application of article 630, in order to emphasize recent trends of the judicial system and possible avenues of improvement that may be pursued in the future.

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