LIMITELE JUDICIARE ALE DREPTULUI DE PROPRIETATE. CONSIDERAȚII ASUPRA INTERPRETĂRII ART. 630 DIN CODUL CIVIL

This paper analyses judicial limits of property in national legal context, where this kind of
property limits are relatively young comparing to the legal limits, which are clearly delimited. The
study begins with brief comparative law on similar English, French, and Canadian regulations,
continuing by presenting the doctrinal divergence on the foundation of civil liability for abnormal
inconveniences of good neighbourhood. The study shows different points of view from doctrine on
the fundament of civil liability for causing inconveniences by exceeding the reasonable boundaries of
neighbourhood. The paper focuses on differentiating between abuse of right, tortious civil liability and
extra-contractual liability, proposing the last one as the fundament of civil liability for causing
abnormal inconveniences that bothers the relations of good neighbourhood. Also, it is brought into
discussion the meaning of „owner” to which Article 630 of the Civil Code refers, and the implications
regarded by giving a restricted meaning to this notion used by the legislator. Still, the French doctrine
and the European Court of Human Rights Jurisprudence is orientated to a broad interpretation of this
notion.