PRV1 144D2 Lecture Notes - Lecture 11: Public Utility
1 May 2016
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Document Summary
Limitations on the exercise of the rights of ownership: troubles de voisinage / neighbourhood disturbance. Ownership is not absolute anymore, it comes with charge/obligation. Construction and repairs 990-991 and 1456 and 1467. Access to and protection of the land of another: 987-992. Ciment: supposed to be in obligation book but it"s in property book. Doctrine has extended it to more neighbours (not just neighbours who own their land?) In the code it is limited to land-owners but they want to broaden. Compared to abuse of right (art 7), 976 tolerance is passive and ti is just the result which is abnormal - not the exercise of the right: abusive right is fault o o. Tolerance - like encroachment (tolerate if someone is on your land but you don"t lose your right). About being an owner and being with others. Ciment st laurent - class action not all touching o.
