Review article
Environmental lawsuit as an instrument of civil law protection of the environment
Dinka Šago
; Pravni fakultet Sveučilišta u Splitu
Abstract
Provisions from Article 1047. of the Obligations Act, on the request to remove the danger from possible damage, are particularly important for the environment. This Article gives the right to anyone to submit a petition to protect themselves or a particular number of persons from a source of danger threatening to cause substantial harm or activities from which disturbance or danger of damage threatens. Since it also pertains to cases in which danger to the environment is present, this Article in effect establishes a standard for filing an environmental lawsuit. The motion from this Article can be filed by anyone, even a person not directly endangered. An environmental suit has the meaning of the so – called popular suit (actio popularis). The possibility for anyone to file an environmental suit is advantageous as it expandes the circle of persons concerned with the environment and its protection. In this paper the author also analyze the compensatory aspect of the civil law regarding the protection of the environment.
Keywords
environmental protection; environmental lawsuit; civil proceedings; Environment Protection Act
Hrčak ID:
111470
URI
Publication date:
28.11.2013.
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