استقلالية نظرية مضار الجوار غير المألوفة عن نظرية التعسف في استعمال الحق : دراسة على ضوء الاجتهاد الجزائري و المصري

الملخص EN

Neighborhood is a material fact based on the juxtaposition of money and real estate within a specific geographical area, and the responsibility for neighborhood damage is one of the most important issues in the civil law, especially with the existence of two theories, which is the abuse of the right and the harms of unfamiliar neighborhoods.

There has been confusion among some of these two theories to the point where they are believed to be one theory, so we will try through this research paper to explain the independence of each theory, and the existence of criteria for distinguishing between them, the most important of which is the scope of each theory, compensation, and the amount of damage that is required for the establishment of responsibility through a study in which we compare between Algerian and Egyptian legislators with a focus on modern jurisprudence for both countries.