Civil law protection of the environment.

In the present paper the author analyzes the compensatory aspect of the civil law regarding the protection of the environment. This includes, on one hand, civil law liability for removal of source of potential environmental damage, threatening to incur to an indeterminate number of persons, giving a class action (actio popularis) to subjects threatened by the source of damages or any other who can demonstrate legal interest to have the source removed. On the other hand, once the environmental damage is realized, in the form of damage to property or deterioration of health, the injured can file an action for damages. In the paper a distinction is carried out in relation to neighboring rights in respect of the law of emissions. The classic notion of emissions covers factual situations of endangering or infringing rights and interests of neighbors (noise, vibrations, fume, shadow, etc.), while the new forms of emissions in their factual effect mean infringement of rights and legally protected interests of a wider group, indeterminate number of people, beyond the vicinity of neighboring realties (for instance ionization, nuclear accident, emission of dangerous and harmful chemicals to air, water or soil, pesticides, etc.). The injunction for the removal of the source of hazard of environmental damage has the aim to oblige the pollutant to remove the source of hazard, by applying appropriate means to his/her own cost (for example, to equip the production facilities with certain filters before the hazardous or harmful material is released). The injunction serves preventive purposes. Once the environmental damage has occurred - above the tolerable limits of harm prescribed by administrative regulations -- in a form of damage to property or deterioration of health, the injured may file an action for damages, which serves the purpose of restitution. [ABSTRACT FROM AUTHOR]