The protection of the family core in front of immigration (civil actions): legitimation of spouses to claim and character of possible indemnification (privative or donor)

Abstract

Immissions in the family dwelling, especially the noises, but also the odors, radiations, vibrations, etc., can disrupt the normal coexistence and enjoyment of the home.   From the legal point of view, such immissions are liable to violate fundamental rights of the person, such as the right to privacy, integrity, inviolability of the home, decent housing, health, and an adequate environment.  Due to the family is usually composed of several members, it is interesting the study of who should urge the action of a timely claim, in order to avoid the claim rejection due to the lack of active legitimacy or lack of active litisconsortium necessary.  It's also interesting the study of the nature of the possible compensation that is obtained in the event that it proves that the immission has caused damage (gainful or exclusively), since if only one of the members of the marriage had been part in the procedure and she/he is only he whom is recognized as compensation, would be important to liquidate the matrimonial economic regime in case of crisis.