Hellmuth MohrDer Umfang der bodenschutzrechtlichen Haftung des Zustandsstörers bei Verschulden

About this book deutschenglish

This book by Hellmuth Mohr, lawyer in Stuttgart, provides help in the event of an imminent obligation of remediation to all owners and occupiers of polluted soil who are not responsible for the contamination and which, at the moment of purchase, were either aware of existing soil pollution or acted by negligence. Authorities can make not only the polluter but also the owner i.a. as liable party pay for the remedial treatment action even though they did not cause the soil or water pollution. In 2000, the Federal Constitutional Court introduced a liability limit for the owner or occupier acting without negligence equivalent to the market value after remediation. This means that they must once again pay the current value of the land for the clean-up. For an owner or occupier who does not benefit from this protection it is as of yet unclear how far their liability may extend beyond this point. In this book the author therefore develops for the first time a liability pattern graded on the basis of negligence and intent. For this purpose, 80 judicial rulings from the past 60 years are described to analyse the behaviour of the owner or occupier in line with the development in environmental awareness and the consequences this has on liability are explained. This serves as a basis for decisions for environmental authorities, administrative courts, specialised lawyers and those owners and occupiers affected by liability cases especially where a possible liability may exceed the market value after remediation. A comparative analysis of legislation supports the new liability pattern. Also, this book deals with additional unresolved legal questions und issues of liability limitation for owners and occupiers irrespective of this liability limit.

Ihr Werk im Verlag Dr. Kovač

Möchten Sie Ihre wissenschaftliche Arbeit publizieren? Erfahren Sie mehr über unsere günstigen Konditionen und unseren Service für Autorinnen und Autoren.

Dissertation veröffentlichen