التعويض العادل عن نزع الملكية للمنفعة العامة : دراسة مقارنة

الملخص EN

The right to property is one of the most fundamental rights enjoyed by individuals, and most national constitutions and laws, as well as international conventions, have to be respected and protected only in accordance with the economic and social development of the country (the so-called public benefit) and in return for just compensation.

What is fair compensation? What are the justifications for judging it? What are its elements? And his picture? These and other questions are what we will try to answer in this research.

At the conclusion of the research, we reached a set of findings and recommendations, perhaps the most important of which is that what constitutions and national laws considered fair compensation is not fair because it limits compensation to some objective elements of the harm without some of them, as well as not to compensate him for the (emotional) damage to real estate owners The expropriated property, from here we have recommended that the meaning of fair compensation be explained with the elements that make up it, and the adoption of a clear mechanism for estimating compensation for self-value.