Illicit and Harmful Interference: Possibility of Overlapping and Needlessness of Coexistence for Setting the Abnormal Use of Property
Keywords:
Property, abnormal, neighborhood, illicit, abuseAbstract
The purpose of this paper is clarifying that the illicit act or the abuse of right are not the basis of the assumption for the abnormal use of property. It has been show that the obligation in the neighboring rights comes from the ownership of the thing (ex re) and not from the illegality of the act practiced. This paper is developed based on this premise. Didactically, it was decided to draw, through practical applications obtained from jurisprudence, the possibilities for the incidence of illicit act and the abnormal use of property. It was identified that institutes can subsist in the same legal situation, without this implying necessary simultaneity of incidence.