التأصيل القانوني لفكرة التعسف في استعمال حق الملكية : دراسة في الفقه الإسلامي و الفقه الوضعي

الملخص EN

The aim of this article is to provide a perceptions and features about the Abuse theory of the right of Property , and tries to clarify the reasons behind controversy on the existence of an Abuse theory of the right of property between the Islamic legislation and the positive ism Laws.

In order to do this, I want demonstrate transformations on this theory, by showing the abuse of the right of property Standards.

Those standards , are personals and objective standards, in this way I analyze the multiplicity standards of the Abuse of the right of Property.

The conclusion reachedwas in favor of the existence the abuse theory of the right of Property,With theimportanceofprotecting the rights ofneighbors andotherproprietors