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Noises and odours: a new rural heritage, comment of the law n° 2021-85 of 29 january 2021. Jean-Charles Jobart

on the December 10, 2021

Revue Juridique de l’Environnement. Article pp.727-738 du Vol.46 n°4 (2021)

Abstract


Countryside’s noises and odours are subject to litigations. In order to discourage these trials whose number is unknown, the legislator wanted to create a rural sensory heritage that could not be by nature abnormal neighbourhood’s disturbances. In front of many juridical criticals, the legislator has only registered natural noises and odours in the national heritage. But its inventory must be very difficult and useless. The jurisprudence about neighbourhood’s disturbances is indeed well established and balanced. Furthermore, it must be codified in the civil code. So, this law is more a symbolic act than a useful norm.

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