نية الإضرار بالغير إحدى صور التعسف في استعمال الحق : دراسة في ضوء القانون الأمريكي

الملخص EN

In a world of limited space, the owners are always surrounded by others next to them, and, consequently, there is hardly any activity which the owner may exercise on his land which would not affect the other owners.

If he builds a building, that building may block the sun's rays or the air from the buildings next to it and owned by other people.

And if he runs a business, the lands adjacent to that business may be overburdened with the accompanying noise or traffic.

If oil is prospected in a land, the neighboring lands may be deprived of oil or their owners may be exposed to toxic fumes.

Hence the importance of researching the intention of harming others, as it is one of the most important forms of abuse in the use of the right (especially in the context of neighborly relations), as sometimes this intention is a means to achieve a specific end, and at other times it is the end that the abusive individual seeks to achieve.