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Privilegované imise vs. ústavní a veřejnoprávní základy ochrany životního prostředí
Title in English | Privileged air pollution vs. constitutional and public law principles of environmental protection |
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Authors | |
Year of publication | 2015 |
Type | Chapter of a book |
MU Faculty or unit | |
Citation | |
Attached files | |
Description | The new Civil Code brought a new provision in § 1013.2. This provision is dealing with so called „privileged nuisance“ which is considered to be a consequence of legally authorized operation of a facility or other undertakings. This provision represents an exemption to general nuisance regulation in § 1013.1. It is anticipated that this provision is in contradiction to basic principles of environmental protection. Therefore, the civil law regulation is analysed in relation to constitutional and public laws with the aim to find out possible consequences for entrepreneurs operating the sources of pollution and for owners of the land. |
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