文章基本信息

标题：PROTECTION AGAINST NUISANCES RELATED TO A CONSTRUCTION OF A BUILDING – SELECTED ISSUES
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作者：Anna WILK
期刊名称：Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
印刷版ISSN：2543-9103
电子版ISSN：2543-411X
出版年度：2016
卷号：20
期号：2
页码：28-55
DOI：10.19192/wsfip.sj2.2016.3
语种：English
出版社：Bielsko-Biała School of Finance and Law
摘要：The paper deals with protection against nuisances related to a construction of a\nbuilding. The nuisances frequently take place and in connection with the increase of the\ndensity of buildings it is possible that they will become more burdensome. Protection\nagainst such nuisances may be realized at two levels: civil law and administrative. Civil\nlaw protection measures cover primarily a negatory claim1\n and a claim for withholding\nthe construction2\n. Administrative law protection is possible under the provisions of the\nact on construction law, which enable the people living in the neighbourhood of the\nplanned investment to participate in the proceedings concerning the construction permit\nand thereby provide proactive protection of their interest. Application of both civil law\nand administrative protection measures against nuisances related to a construction of a\nbuilding is connected with difficulties: a misinterpretation of provisions, their unclear\nstructure and a lack of legal regulation of certain essential issues like the administrative\ndecision status in the civil proceeding. In the paper the focus is on the most important\nof the mentioned problems and presents the solutions.
关键词：nuisances;building;civil action;administrative decision