Influence of an ecological factor on the content of modern law of neighboring tenements: some problems and ways of their decision

Being the institute of private law in Ancient Rome, the law of neighboring tenements underwent essential transformations during the next centuries. The problems of modern neighboring tenements law have all signs of complexity, and their due regulation is possible only by synthesis of achievements and methods of various social, humanitarian and other sciences. The dynamics of resettlement of population has the impact on the emergence of huge cities -megalopolises where millions of people live at the same time. This results in the formation of new kinds and types of relations between neighbors including the conflicts between neighbors-residents of blocks of flats, placement of underground objects, solar rights of neighbors and damage by nanotech-nologies. It is obvious that no universal legal mechanism for resolving all conflicts between neighbors can exist in principle. Therefore, we can speak about the development of a complicated system of checks and balances, which includes both classical Roman mechanisms and public methods for resolving conflicts that were elaborated in the epoch of globalization. In relation to Russia not only the introduction of amendments to the Civil Code, but the development of public control system, the implementation of the system of neighbors' mediation and the enlargement of local bodies' powers could decrease the tension of neighbors' problems. Moreover, the need to develop public methods for the regulation of relations between neighbors does not mean total disregard of the Roman idea of tolerance in disputes between neighbors, the need "to endure the actions of neighbors". We speak about further development of the criteria of inadmissible actions taking into account new requirements of life, a subsidiary application of the existing norms and rules as the basic criteria of admissible actions in relations between neighbors.

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