INCONVENIENTELE ANORMALE DE VECINĂTATE – EVOLUŢIE ŞI PERSPECTIVE
ABNORMAL NEIGHBOURHOOD NUISANCES – EVOLUTION AND PERSPECTIVES

Summary/Abstract: Abnormal neighbourhood nuisances – evolution and perspectives. Our neighbour: his lifestyle, his activities, his pet, his new building, his noises, in a few words, HE and his habits. Neighbourhood relationships have developed rapidly, conquering new legal meanings. Today we no longer doubt the autonomy that the neighbourhood nuisances’ theory has gained over the abuse of rights theory, and even over common civil liability. Albeit the Romanian Civil Code pictures it as a monologue between the owner and its land, the property right does not have to selfishly take into consideration only the proprietor, but also its neighbours and their legitimate rights, this being the part where legal remedies outlined by the doctrine come into force. Thoroughly analysing the present and the future of the neighbourhood nuisances in the Romanian legal system, we have observed that the legislator, after not paying any attention to this issue in the 1865 Civil Code, has now introduced it in the New Civil Code, but has failed in finding the appropriate way to do so. Despite all controversy, neighbourhood relationships, although determined by property location, are not literally land confrontations, but situations where one must accept reasonable behaviour and dismiss intolerable neighbourly demeanour. Still there remains a question to be answered and its response can be found in the conclusive remarks of our study: “Like your neighbour as you like yourself – utopia or necessity?”

• Details
• Contents