مسؤولية المالك عن مضار الجوار غير المألوفة : (دراسة مقارنة)‎

الملخص EN

The owner’s responsibility for the unfamiliar harms of the neighborhood is considered a special form of civil liability.

This responsibility is established when the owner does unfamiliar harm towards the neighbor.

The right of ownership has been granted to the owner the right to use and exploit his property, but the exercise of that right may lead to the owner being held responsible because of the harm that is exposed.

He has a neighbourhood, as the exercise of this right is not absolute, but rather adheres to the restriction of not harming the obligations of the neighbourhood.

Right in particular.

The responsibility of the owner for the harms of the unfamiliar neighborhood is the result of the nature of violating that right, and therefore when the conditions and elements of responsibility are fulfilled, compensation must be paid for the damage incurred to the neighbor, and compensation is not only limited to removing the damage and returning the situation to what it was before the damage occurred, but also extends to the monetary assessment.

who force damage.

Therefore, the Saudi regulator and the Egyptian project have acknowledged the responsibility of the owner towards the neighborhood in the event of committing an unfamiliar harm from him.

The owner has the right to benefit from the property, but this is restricted not to abuse or abuse of that right, and if he exceeds this restriction, the direction of responsibility is achieved.