Jugement Kantonsgericht (VD - HC/2020/299)

Canton:	VD
Case number:	HC/2020/299

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/299 vom 12.06.2020 (VD)

Date:	12.06.2020
Force of law:	-

Summary:	B.H., owner of a neighboring plot, sued V. SA, a construction company, for omission of immissions and payment of damages. The Cantonal Court partially proved B.H. right: the vibrations and the dust pollution caused by the construction were inadmissible, but the psychological stress was not sufficiently proven. B.H. must pay a compensation of CHF 10000.- be content. More detailed summary: B.H., owner of a neighboring plot, sued V. SA, a construction company, for omission of immissions and payment of damages. B.H. complained about vibrations, dust pollution and psychological stress caused by the construction. The Cantonal Court partially proved B.H. right: the vibrations and the dust pollution caused by the construction were inadmissible. V. SA was therefore obliged to stop the vibrations and reduce the dust pollution. The psychological stress caused by the construction was not sufficiently proven. B.H. could not prove that he had actually suffered anxiety or harassment from the construction. B.H. must therefore pay a compensation of CHF 10000.- content, which he receives from V. SA. Explaination: Art. 641 al. 2 CC:This provision states that the owner of a land plot is obliged to prevent immissions from his land plot to neighboring land plots. Art. 679 CC:This provision states that the owner of a land plot is liable for the damage caused by inadmissible immissions on neighboring land plots. Art. 41 CO:This provision states that the injured party is entitled to compensation for damages if he suffers damage as a result of someone else's negligent or intentional behavior. I hope this summary is helpful.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 308 CPC;Art. 310 CPC;Art. 311 CPC;Art. 4 CC;Art. 53 CPC;Art. 55 CC;Art. 57 CPC;Art. 641 CC;Art. 679 CC;Art. 679 ZGB;Art. 679a CC;Art. 679a ZGB;Art. 684 CC;Art. 685 CC;Art. 74 LTF;Art. 8 CC;
BGE reference::	-
Comment:	-, Basler Kommentar Zivilgesetzbuch II, Art. 679 ZGB, 2015

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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