Грађанскоправна заштита од имисија
Civil Law Protection from Harmful Emission

Author(s): Ivana Lazarević
Subject(s): Law, Constitution, Jurisprudence, Energy and Environmental Studies
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Emission;Property disturbance lawsuit;Actio negatoria;Environmental (popular)lawsuit;Action for damages;
Summary/Abstract: Although in the modern day the protection against undue harmful influence i.e. emission is increasingly moving towards public law, it is certainly not wise to ignore the importance of civil protection in this field of law. Within the framework of civil protection, we distinguish the preventive protection which is related to preventing the damage from occurring. The second type of protection is reаctive and it implies a classical legal protection that is achieved by filing a claim for damages. The author deals with the analysis of the above claims. Although the positive aspects of this type of protection cannot be ignored, it is certain that in practice it would yield much better results if particular shortcomings of the lawsuits to which they were subjected were removed. When talking about substantive legal instruments of protection, lawsuits for property interference and actio negatoria law- suits, we notice that the protection provided by them is to a certain degree limited and that they cannot provide a prompt reaction that would prevent emissions, but could possibly prevent the repetition of the same emissions. On the other hand, when we talk about the obligatory legal protection that is realized through the classical lawsuit for compensation of damages and ecological (popular) lawsuits, in preventive ecological litigation the need for urgent resolution of the dispute in terms of precise determination of deadlines for scheduling and decision-making is emphasized. These procedures are ex- tremely expensive, with uncertain outcome, and the claimant is the one to bear the costs, so in practice the citizen is rarely willing to file this type of lawsuit. In order for this type of lawsuit to be more used in practice, which is advisable if we want to protect the environment from increasing pollution, attention should also be paid to the stimulation of parties to initiate such disputes.

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