RESPONSABILIDAD CIVIL EXTRACONTRACTUAL E INMISIONES MEDIOAMBIENTALES: LOS DAÑOS CAUSADOS POR INMISIONES SONORAS Y ELECTROMAGNÉTICAS.

Abstract

The obligation to provide redress for certain damages inflicted by big industry was quickly welcomed by legal doctrine and case law. The most-immediate beginnings of the legal foundations concerning relief from such injury took the perspective of property damage, falling back, to that end, on traditional notions such as immissio and neighbourly relations. And yet there is a vast range of nuisance-causing activities, with the most varied of origins (retail and leisure establishments, air, rail and highway transport, and even infrastructure installed in apartment buildings), giving new meaning to the concept of damages and nuisance related with noise and vibrations. At the same time, the case law most disposed to redress mental anguish has also incorporated what is termed «noise pollution», and victim protection has been reaffirmed, borne up by legislation on privacy and respect for personal and family life. Add to these elements the fact that nowadays there is a full repertory of legislation (EC, national, regional and local) on those activities that trespass the borders of tolerability, and the preliminary stage for this paper is set. With this background in view, this paper will review redress for damages from the standpoint of non-contractual civil liability.