Environment tort liability from the perspective of private law. Defense of property right and private environment

Abstract

The exercise of the right of use and enjoyment of property rights in a healthy environment, is intertwined with the «right to enjoy an environment suitable for the development of the person» (article 45 SC).

Private Law provides for protection actions arising from property rights and tort liability for damages to general interests. Although the environment is heavily regulated by Administrative Law, civil jurisdiction is also competent to decide cases that directly affect the environment, violate individual rights of individuals. Civil Law provides actions, exercisable individually and collectively, in the field of neighborhood relations (immissions), liability, abuse of rights, which should consider the solutions provided by comparative law, including the directives of the European Union and the Draft European Private Law Unification.