An importance of the negatory action for the environmental protection

Abstract

This article primarily reviews a notion and an importance of the negatory claim, regardless of how the owner's property had been interfered with. The comparison between the notions of negatory action and negatory claim has been made on the basis of their adequacy in the light of the particular subjective right which ensues in case of violation of the right to property. In the article's title the notion of the negatory action had been adhered to for the sake of compliance with the law currently in force. Thereupon, the importance of this action for the environmental protection has been discussed along with the arguments pleading against the assertion of the limited reach of the negatory action in this field. The assumption is that by underlying the public (general) interest as inherent to the environmental protection, the private interest has been neglected. The necessity and the importance of public law in this field of protection are beyond the dispute owing to the fact that something which is in everybody's interest cannot be left to the exclusive initiative of an individual. This, nevertheless, may not lead to the conclusion that public and private interests present diverging spheres. By protecting a self interest in accordance with the law in force, an individual at the same time contributes to the fulfillment of the general interest.

Keywords

• claim of ownership
• burden of proof
• law in force and proposed law
• imissions
• environmental protection