Civil liablity in the matter of environmental protection

• Main Author: Maja Proso
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2015-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: environmental protection; civil liability; environmental damages
• Online Access: http://hrcak.srce.hr/file/214430

Provisions from Article 1047. of the Obligations Act, on the request to remove the danger from possible damage, are particularly important for the environment. This Article gives the right to anyone to submit a petition to protect themselves or a particular number of persons from a source of danger threatening to cause substantial harm or activities from which disturbance or danger of damage threatens. EU Directive on Environmental Liability, and other international legal documents, as well, provides for liability for damage to the environment provoked by human activity. In this paper the author particularly analyze the compensatory aspect of croatian civil law regarding environmental damages and the protection of the environment in general.