Abstract

The doctrine and the case law allow for asserting damages for the reduced value of property from the entity responsible for causing nuisance. Compensation may be granted if the reduction in value is permanent. In consequence, a claim for damages because of the reduced value of property may be pursued when its owner cannot bring an actio negatoria. Additionally, permanent reduction in the value of property may be compensated for solely insofar as it has been caused by the activities which excessively interferes with the use of the neighbouring properties. In case of the cumulative formulation of the demand to restore the lawful state and the claim for damages the court should determine whether the disturbance described in the brief could affect the property permanently, or otherwise dismiss the action as regards the claim for damages. If it is found that the nuisance is permanent, in principle it is actio negatoria that should be dismissed pursuant to Art. 5 of the Civil Code. A judgment awarding damages and at the same time ordering restoration of the lawful state and abandonment of further nuisance would lead to unjust enrichment since both claims protect the same interest, and moreover are somewhat contradictory since a negatorial claim is aimed at removing the factor determining the defendant’s liability for damages.