Document Type
Article
Publication Date
5-2019
Journal Title
Southern California Law Review
ISSN
0038-3910
Abstract
This paper analyzes the evolution and complexity of the legal response to neighboring conflicts in European civil law countries. All of the civil codes analyzed (France, Germany, Spain, Netherlands, and Catalonia) are based on Roman Law rules that are not always clear. The fuzziness of those Roman Law rules explains, in part, why despite this common origin, the Civil Codes did not respond homogeneously to nuisances. The first subsection briefly describes the institution of nuisance in Roman Law. Then, the paper describes the original codification of nuisance and the changes in the treatment of this institution. After assessing the initial divergence and the trends towards similar rules across jurisdictions, the paper explains the potential forces of convergence at the European level: the Draft Common Frame of Reference, the European Union Environmental Liability Directive, and the decisions of the European Court of Human Rights. It is important to note that this article only focuses on regulations and remedies related to non-trespassory invasions on real property, not on non-invasive, aesthetic nuisances.
First Page
1003
Last Page
1030
Num Pages
27
Volume Number
92
Issue Number
4
Publisher
University of Southern California Gould School of Law
Recommended Citation
Vanessa Casado-Pérez & Carlos Gomez Liguerre,
From Nuisance to Environmental Protection in Continental Europe,
92
S. Cal. L. Rev.
1003
(2019).
Available at:
https://scholarship.law.tamu.edu/facscholar/1387
File Type
Included in
Comparative and Foreign Law Commons, Environmental Law Commons, Property Law and Real Estate Commons