Răspunderea civilă pentru inconvenientele anormale de vecinătate
Civil liability for abnormal neighbourhood inconveniences

Summary/Abstract: The present study begins with the analysis of the texts of Article 630 of the Civil Code, where there can be found the legal relevant provisions, followed by some considerations regarding the origin of the civil liability for the abnormal neighbourhood inconveniences under the influence of the old Civil Code. Furthermore, the author appreciates that, at present, from the economy of the texts of Article 630 of the Civil Code, it results that the civil liability in question is of two types: reparative and preventive. Further on the scope of this liability is circumscribed. For this purpose, on the one hand, it is established the sphere of the persons between whom it can be engaged, and, on the other hand, there are determined and qualified the neighbourhood inconveniences that can generate it. An important and ample space is conferred to the analysis of the conditions that must be met for the existence of this liability, as well as to the detection of its theoretical foundation. Thus, in the reparative variant, the existence and the engagement of civil liability requires to cumulatively meet three conditions; two of them are the general conditions of any reparative civil liability – damage and relation of causality – and a special or particular one, which is the abnormal neighbourhood inconvenience caused to the victim, directly or indirectly, personally or by another, by the owner or owners of one of the neighbouring buildings. Therefore, it can be easily established that the fault or guilt, proven or presumed, of the neighbouring owner or of other persons, who exercise the attributes of the property right, over or beyond its normal limits, is not a necessary condition of engaging this reparative civil liability. Consequently, the problem of the theoretical foundation of liability is also solved legislatively, in the sense that we are in the presence of an objective civil liability, without the guilt of the liable person or of other persons, according to Article 630 (1) of the Civil Code.Regarding the other variant of this liability, respectively the preventive civil liability, the author finds that it is engaged or it can be engaged without being conditioned by the existence of a certain prejudice. Article 630 (3) of the Civil Code expressly provides that, in this case, the damage is sufficient in order to be imminent or very probable; this is the reason why the author of the present study argues with good reasons that the foundation of the liability in this variant is the precautionary principle, which is, in fact, the foundation of any preventive liability. In a concentrated definition, the precautionary principle consists in the imperative obligation of some persons, in certain situations, to do whatever is necessary to reduce or even avoid the risks of causing unjust damage to others; the idea of equity can be added to the precautionary principle. The effects of this civil liability are clearly and sufficiently comprehensible discussed further on, both in the case of reparative liability and in its preventive variant. The study concludes with the successful attempt to decipher the relations and correlation between this hypothesis of liability, considered autonomous, and the non-contractual civil liability of common law, in all its hypotheses, regulated in Articles 1357–1380 of the Romanian Civil Code.

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