The abuse of rights in terms of private nuisance in the industrial neighbourly relations

Abstract

The prívate nuisance consists of the invasión of pollution on real estate, that being transmitted by elements of the environment, may prejudice, intolerably, the rights attaching to the property and the person related to that of a stable mode. Sometimes industries cause damage to persons or neighboring properties despite having complied with the regulations, licenses or authorizations. However, those who abuse the right commits a foul in the exercise thereof, in the form of tortius intent, excessive use of the activity or the disproportion of the results (damage) with respect to the usefulness and purpose of the right. Along with the legal (or quantitative) limits the rights, there are other limits teleological, moral or social (qualitative), therefore incurs abuse of rights who working under a foreign law and an apparent exercise of their right, actually transcends the limits imposed on it by equity and good faith, with damage to third party or to society.