[automatically translated] To the solution of problems arising from the conflict between forms of use mutually incompatible neighboring property is preordained, in our legal system, art. 844 cc The rule is placed within the own statute, and in particular among the provisions on land ownership referred to in Chapter II of Title II of Book III of the Civil Code. The subject of this research consists, on the one hand, by the criteria in the standards for the solution of the conflict between incompatible land uses and, on the other hand, the identification apparatus rimediale attributed to the holder of the offense down. This perspective is justified by the fact that the theme of the entries has experienced in recent years a season of great turmoil, which are divided into several evolutionary lines, sometimes between them antithetical. There were, in fact, important innovations both from the regulatory point of view of the implementation of case law with respect to codicistico text. Referring to the positive character innovations, attention is focused on Article. 6b of the law 27 February 2009 n. 13 in terms of noise immissions. With reference, however, the integration of legal codes by the forming of case law, has studied the orientation of ongoing consolidation posing - in the wake of a decades-long doctrine path - a reinterpretation of the discipline of entries, no longer seen as place the protection of only equity ownership interests. On the European front, moreover, the Court of Human Rights has interpreted the right protected by Article. 8 of the 1950 Convention - namely the right to respect for private and family life - as an important means directed to the realization of the values of the person. There are, then, at least three different dimensions to consider in addressing the topic of entries: that of the Civil Code, the Constitution and finally that of the right to supranational matrix.
|Title of host publication||Digesto delle Discipline Privatistiche - Sezione Civile - Aggiornamento*******|
|Number of pages||15|
|Publication status||Published - 2012|
|Name||Digesto IV edizione - Digesto delle Discipline Privatistiche - Sezione Civile|