18/06/2025

PROPTER REM LIABILITY – THE MYTH

 

Civil liability for environmental damage is not to be confused with propter rem obligations.

While in civil liability there is a need to prove an action and/or omission that is linked by a causal link to damage, propter rem obligations derive from ownership of a right in rem.

In the material prepared by Sion Advogados, we explain the distinctions between these institutes, commenting on the practical repercussions of the recent STJ decision that recognized the propter rem nature of environmental obligations provided for in the Forest Code.

➡️ Scroll down for the full analysis.