Proposals for the amendment of the new civil code arising out of the failure to meet the requirements of environmental protection

AuthorIleana-Anca Dusca
PositionFaculty of Law and Administrative Sciences, University of Craiova, Craiova, Romania
AGORA International Journal of Juridical Sciences,
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2014), pp. 37-46
I. A. Duşc
Ileana-Anca Duşc
Faculty of Law and Administrative Sciences,
University of Craiova, Craiova, Romania,
*Correspondence: Ileana-Anca Duşc, U niversity of Craiova, 13 Al. I. Cuza Street, Craiova,
200585, Dolj, Romania
Appeared with the declared intention to ”meet the requirements of a dynamic
present”, by: “the newly promoted solutions, th e revision of some classical institutions or
emphasis on certain internationally recognized principles, not implemented in the Romanian
space yet”, the new Civil Code does not seem to integrate the environmental and related
issues in the dynamics of the present. Moreover, except for some modest norms – such as art.
539 par. 2 which includes in the category of movables “the electromagnetic waves or those
assimilated to them, as well as the energy of any kind” and art. 603 which provides the
obligation of the owner to “observe the tasks concerning the protection of the environment
and the action of ensuring good neighbourhood” nothing entitles us to assert that the ne w
Civil Code “makes valuable u se of provisions of European law instruments”. It is known that
the basic treaties of the European Union – the Treaty on European Union and the Treaty on
the Functioning of the European Union – in numerous articles, establish the sustainable
development of Europe and of the planet, the promotion of solidarity between generations and
a high level of protection and enhancement of the quality of the environment as primary
objectives of the European Union. This is the reason why art. 11 TFEU imposes that
“environmental protection requirements must be integrated into the definition and
implementation of the Union policies and activities”.
Keywords: basic treaties of the European Union, protection of the environment,
sustainable development of Europe and of the planet.
Section 1. The Civil Code and the protection of the environment
Subsection 1.1 Art. 539 of the Civil Code (Movables)
(1) “The things which are not immovable by law are movable. (2) Electromagnetic
waves or whatever is assimilated to them, as well as any kind of energy, lawfully generated,
captured and transmitted by any person and for his own benefit, regardless of the movable or
immovable nature of their source, are also movables”. The text raises so me comments. First,
one should notice the negative form of the sentence defining movables, which is not the most
appropriate one for a legal norm1. Instead of providing t hat movables are not immovables, it
would have been more accurate to indicate what characterizes this category of property2; the
1 Neculaescu S, Rspunderea civil delictual în Noul Cod Civil – Privire critic -, “Dreptul” Review, no.
4/2010, p. 55.
2 Popa C., Teoria definiiei, “Academiei” Publishing House, Bucharest, 1972. So that a definition will be
functional, it must meet the following requirements: to be characteristic; not to be circular, a word is not defined
by itself; to be clear and precise; to be logically affirmative; not to contain contradictions.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT