Tužba zbog smetanja odnosno uznemiravanja (negatorna tužba)
Lawsuit for Interference or Nuisance (Negatory Lawsuit)

Author(s): Duško Medić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Property; Property harassment; Immissions; Environment;
Summary/Abstract: The real aspect of protection of property rights is widely represented in the Law on Real Rights of the Republic of Srpska. Everyone is obliged to refrain from violating the property rights of another person. Negatory lawsuit (actio negatoria) is a property lawsuit that is filed in case of unlawful nuisance to the owner. The act of interfering with the use of the property or nuisance can take different forms. Nuisance can be based on a positive action(doing) or on a failure (inaction) of a certain person to do what he would otherwise be obliged to do. If the defendant claims that he has the right to take the disputed actions, he is obliged to prove it. Whether an action or omission constitutes nuisance is determined depending on the circumstances of each specific case. Only nuisance that prevents or significantly impedes the exercise of property rights is legally relevant. The number of actions by which it can be performed is in fact unlimited. Most often, nuisance is performed on the owner’s real estate, but it can also happen on movable property. Most cases of real estate owner nuisance stem from excessive immissions that make it difficult to use real estate. Protection against impermissible immissions, by the nature of things, goes beyond the classic civil law relationship between the two subjects, since immissions endanger the environment as a collective good. It is realized by a specific negatory lawsuit (sui generis)which differs from an ordinary negatory lawsuit by the circle of persons who can seek protection and by its content. The right to file a negatory lawsuit, as well as other property lawsuits, is not subject to statute of limitations.

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