Neighbours' rights and abuse of rights

Authors :: Lazić Miroslav
Source :: Zbornik Radova Pravnog Fakulteta u Nišu, Vol 59, Iss 89, Pp 51-63 (2020)
Publication Year :: 2020
Publisher :: Faculty of Law, Niš, 2020.
Abstract: The subject matter of this paper is the analysis of the ownership right and its limitations in neighbour-law relationships, including the restrictions on ownership and neighbours' rights due to the prohibition of abuse of rights. Neighbours' rights set boundaries to the content of the ownership right, whereas the prohibition of abuse of rights additionally restricts the freedom of exercising the recognised content of the ownership right. The paper aims to point out to the basic differences between neighbours' rights and the prohibition of abuse of rights, as well as to the occasional overlapping of their legal functions and effects.