The possession law suit, caused by forbidden immissions

Abstract

In the Serbian Law and in most of jurisdictions, there are limits on exercising the right of property. The real estate owner must refrain from activities by which the use of other real estate is being impoded through the immission of execive gasses, vapors, smoke, heat noise, tremors etc. The property ownership whose is affected by immission exceeding the set limits, has the right to request a stop of immisions which exceeded the allowed volume of immissions. In article author describes various kinds of immissions. The general feature of this law suit is that there is only discussion on the facts and not for a legal matters. Subject matter jurisdiction for the resolution of such disputes belongs to the court of general jurisdiction, while the disputes itself is a litigation. The special rule of proceedings of action of disturbance are: provisionality of the protection of possession; urgency in proceedings; initiation of proceedings; limiting of objection; prescribing temporary measures; rendering a ruling in the form of order; appeals which may be filed within a short deadline and which does not have suspensive effect (do not delay the execution of the order; revision is not allowed etc.

Keywords

• notion of immission
• various kinds of immissions
• possession legal suit for disturbance of possession
• characteristics of procedure
• terms in which an action must be brought