Aemulatio. Über die historische Rechtsvergleichung und das Rechtsmissbrauch
Journal Title: Studia Prawno-Ekonomiczne - Year 2016, Vol 0, Issue
Abstract
An article contains historical and comparative analysis of the legal issues of four cases derived from the English, French Italian and German law. In reference to each of it an author is answering the question whether it deals with the breach of law or its abuse. The first case concerns an owner of the real property who by means of receiving an access to the flagstones beneath the surface of the ground is forced to create a system of drainage. This action makes a threat for the supplies of water for the whole town. The question arises: it is possible to demand in such situation to render the judicial prohibition of the drainage. The French case concerns on the other hand an owner of the real property who fenced his plot with the sixteen meters pales with the iron spikes on their tops. The question reads: does the neighbor who was flying with his balloon and teared its top may demand the damages and the removal of the fence. An Italian case handles then with the neighboring owners of the wall with the window. The question concerns the right of the one of them to build more than three meters wall which would totally block out the light. Whereas the German example concerns the suspicious creditor who distrained the debtor’s accounts in all twenty banks that operated in the town in order to absolutely indispose him to use any financial resources. It is required to ask a question whether such action is eligible according to the law at all.
Authors and Affiliations
Eltjo J. H. Schrage
Keywords
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