فكرة مضار الجوار غير المألوفة أو الفاحشة كأساس قانوني لمسؤولية محدث الضرر البيئي : دراسة تحليلية في القانونين العراقي و المصري

الملخص EN

One of the important applications of the responsibility of objectivity, the idea of the name harms neighboring unfamiliar as to make this theory, or the idea of the damage, the cornerstone of it as the responsibility in this theory, disappear the error that causes the damage, especially that such damages resulting from the use of the owner of his property, and that the hyperbole in this use to limit damage to the detriment of neighbor unfamiliar, the justice here requires the protection of the affected neighbor of the damage or obscene is not uncommon and that fall as a result of such use .

It was named excessive damages by Iraqi legislator in Article 1051 and was named P unfamiliar damages by the Egyptian legislator in Article 807.

Given the importance of this idea or theory, the researcher aimed to apply the updated environmental damage, they do not need to prove fault by the victim on the condition to exceed the damage that familiar situation or to be obscene in order to establish the liability of an updated environmental damage.

This research paper was confined to a statement damage outrageous or unusual cause nearby without the expansion of this idea or theory, in terms of the statement the basis on which it was said on them, and the conditions and sufficient in this regard that we are exposed to these subjects, considering that this theory is based on the element of damage which corner, which achieved its objective or absolute liability.