Reglementarea limitelor judiciare cu privire la exercitarea dreptului de proprietate privată în cadrul raporturilor de vecinătate
Regulation of judicial boundaries regarding when exercising the right of private property within the neighborhood relations

Summary/Abstract: Within the limits of exercising the right to property, a special place has the "judicial limits", regulated for the first time in the Romanian civil law and which, beyond the material, legal or conventional limits, are to be established by the judge by determining the boundary between the normal inconveniences of neighborhood and the "greater than normal", which can lead to confusion and controversies, confronting two dominant principles in the field, both in the jurisprudence and in the doctrine, namely: who uses his right does not harm anyone (qui suo iure utitur neminem laedit) and, respectively, any breach of the right of another person shall give rise to legal liability, either in the form of tort liability or in the form of civil liability for abuse of rights. Between the two rules, the legislator sets the "judicial limits", establishing, in our opinion, the new concept of "justice in equity", circumscribed by the normative framework contained in article 630 from the Civil Code, article which itself forms the content of Section 3 - "Judicial Limits", structured in Chapter III - "Judicial Limits for the right to private property".

• Details
• Contents