Kernrechtsfrage
Scope of neighbor-law protection against excessive immissions under Art. 679 and 684 ZGB
Extrahierter Entscheid
Art. 679 ZGB, via Art. 684 ZGB, creates strict liability for excessive neighbor immissions without fault; protection is based on the concrete impact on the affected neighbor and on the local circumstances.
Extrahierte Begründung
The owner’s conduct need only be causally linked to the detriment and relate to normal use of the land. The decisive test is whether the emissions are objectively excessive in light of the character of the area and the interests of the parties.