Pollution from an Officially Permitted Building

Jurisprudence 1/2016 Section: Discourse Page: 37-41

Keywords: privileged air pollution, building permit, business operations

Abstract: The article deals with the conditions that must be met to allow a civil court to prohibit pollution, which comes from an officially permitted building. The author explains some controversial concepts and correlations. For example, the article deals with the relationship between air pollution caused by traffic from officially approved business operations (§ 1013, paragraph 2 of the Civil Code), and air pollution coming from an officially permitted building. The article also evaluates the current legislation of the so-called privileged pollution. The new legislation is a step in the right direction. However, the creators of the Civil Code took insufficient account of the provisions of public law.

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