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
Related Articles
- EP ID EP185603
- DOI -
- Views 127
- Downloads 0
Geneza Ligi Morskiej i Kolonialnej w Wilnie – struktura prawna i działalność w okresie dwudziestolecia międzywojennego
Maritime and Colonial League, working initially as the Maritime and River League, greatly contributed to the revival of social, culture and education activity in the Vilnius region. No previous studies in this area, was...
Pośrednie wykorzystanie prawa rzymskiego w tzw. Traktacie o prawie (S. Th. I–II, qq. 90–97) św. Tomasza z Akwinu / Indirect Use of the Roman Law in the so-called Treatise on Law (S. Th I–II, qq. 90–97) by Saint Thomas Aquinas
The article concerns the issue of indirect use of the Roman law by Saint Thomas in so-called Treatise on Law. Although Aquinas mentioned the authority of numerous ancient authors – both pagan and Christian – the influenc...
Fiskalne koszty bezrobocia a wydatki na aktywną politykę rynku pracy w Niemczech / Fiscal Costs of Unemployment Versus Expenditures for Active Labor Market Politics in German
The fiscal costs of unemployment are on one hand generally occurring public expenditures contributing to the counteracting of unemployment, and on the other hand lost revenues that the state could receive from the work o...
Problem jurysdykcji karnej w strefie przyległej na przykładzie incydentu z udziałem tankowca Enrica Lexie
In February 2012 an Italian flagged oil tanker Enrica Lexie participated in the incident concerning the Indian fishing boat St. Anthony. As a result two Indian fishermen was dead at sea, approximately about 20.5 nautical...
W kierunku „srebrnej gospodarki” – konieczność czy szansa na rozwój
The aging of societies brings about many macroeconomic and microeconomic changes. They are usually perceived in terms of costs, as a burden on the economy or even as a factor decelerating its growth. Whether, and how, th...