المسؤولية المدنية عن مضار الجوار غير المالوفة الناجمة عن التلوث البيئي : دراسة تحليلية مقارنة

الملخص EN

SummaryThis paper handles the issue of civil responsibility for damages of unfamiliar neighbourhood that are a result of the environmental pollution in Iraq, in the high light of laws that organizes the rules of civil responsibility, I (( Iraqi civil law, no.

40, year 1951.

))And laws that are related to the environment, specially the Iraqi law for protecting and developing the environment, no.

27, year 2010.

And comparing that with some laws of neighbour countries, like the Egyptian law.

This study aims at: 1- Stating the importance of finding a law specialized in civil responsibility for the negative effects of unfamiliar neighbourhood that are resulted from environmental pollution, putting in mind that laws related to environment suffer from defects.

2- Also clarifying the possibility to tame and develop general rules of civil responsibility, I in harmony with the nature of environment damages.

The subject of this paper has been handled in two enteries, first by clarifying the legal nature of civil responsibility for the damages of unfamiliar neighbourhood that are a result of environment pollution, I and the basic of civil responsibility of the unfamiliar environment damages, with the legal base of this responsibility.

Second, by dealing with the legal effects that are resulted from the civil responsibility for the damages of unfamiliar neighbourhood that are resulted from environmental pollution, which were represented in clarifying the ways of making up for the damages and the facilities of evaluating these damages.