Environmental protection in the draft civil code

Abstract

Article 11 of the draft Serbian Civil Code establishes a precedent, i.e. the principle of environmental protection. It is manifested as an accessory popular civil duty erga omnes, a protected public good, and a means of civil rights? restriction. This paper investigates whether this new institution of civil law is necessary or at least opportune, purposeful and harmonized with positive law. The results of comparative and doctrinal insights indicate that the answers to these questions are affirmative. However, certain shortcomings of the proposed provision are found: the lack of a duty to restrain from environmental harm, the absence of the individual environmental right and the undefined impact on civil affairs and on the enjoyment of civil rights. Given the vague and blanket nature of the provision, these shortcomings can be remedied by broader interpretations and references to the rules of public and environmental law, ethics and intergenerational solidarity. This paper suggests another possibility, i.e. the intervention in the proposed text of the provision to complete the future civil law legislation and integrated environmental protection.