Despre prejudiciu în cazul limitelor legale ale dreptului de proprietate privată
About damage to the legal limits of private property rights

Summary/Abstract: In the present study we will strictly refer to the legal limits regulated by the Civil Code, from the perspective of the damage they cause both by their application and by their violation. The legal limits on the right of ownership, whether reciprocal or unilateral, resize the economic content of the right of ownership over the dominant land, which acquires a utility benefit at the expense of the servient land, which suffers a correlative reduction in utility. With regard to the harm that can arise in the case of legal limits, we must distinguish, on the one hand, between the harm caused by the application of the limit and the harm caused by the breach of the limit, and, on the other hand, between the harm that arises in the case of reciprocal legal limits, which are usually negative, and the harm that arises in the case of unilateral legal limits, which are usually positive. Last but not least, we shall show that the damage arising from the application of the limit, being the result of a lawful action, is compensated by the payment of damages prior to its occurrence. It is a global estimated damage, based on criteria that may be uncertain. The actions by which this damage may be compensated are different from those seeking compensation for damage arising from a breach of the limit by a wrongful act giving rise to tort or delict.

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