Nachbarrechtliche Ausgleichsansprüche - zulässige Rechtsfortbildung oder Rechtsprechung contra legem?

Using the question posed in the title of her book as a basis, Claudia Bensching examines sections 906 and 1004 of the German Civil Code, which regulate the balancing of conflicting interests of owners of adjoining property as well as the so-called compensatory claim in the law concerning occupiers of adjoining property. This is stipulated by law when the owner has to accept interference due to a predominantly public interest in the interference with the private neighbor or an obligation to tolerate, based on the neighborly relationship, is in force. The author answers the question posed in the book's title and comes to the conclusion that judicial decisions have to a large extent led to inadmissible changes in the law.