O skutkach prawnych immisji w świetle kodeksu cywilnego i ustawy z dnia 27 kwietnia 2001 r. – Prawo ochrony środowiska

Abstract

The Polish legal system has provided regulations prohibiting infringement of the right to property and unlawful impact on the environment. Under the Polish Civil Code, it is called a neighbour law. An impact on the neighbouring property may take the form of nuisance direct or indirect. According to The Polish Civil Code, an owner of immovable property shall in exercise of his right therein refrain from activities which might interfere with the use of adjoining immovable properties and which are in excess of its normal use as depicted by its socio-economic purpose and local conditions. The Act of 27 April 2001 – Environmental Law provides for liability for an injury or a threat of injury to the environment. Article 323 therein contains a detailed regulation on this issue. The following publication provides an overview of the regulations.