قراءة جديدة لسوء النية و أثرها في البناء على أرض الغير : دراسة مقارنة بين القانونين العراقي و الجزائري

الملخص EN

The bad faith as a latent matter in the soul guided by the judge through the internal will, is essential in the civil laws, specifically in proper- ownership and in particular construction on the land of others, where both the lawmakers of Iraq and Algeria in Article (1119) 783) c.

On the indication of the concept of bad faith in science in the masonry of the builder and dissatisfaction with the owner of the land only, but the difficulty lies in the definition of this principle (ill- intention) definition categorically prohibitive, and determine the effects that may result in addition to the compensation that is monitored , Where the bad faith in the legal texts reflects a state of mind to a certain extent Especially since the Iraqi and Algerian legislators have developed a narrow definition of this principle, and it is not clear through the use of the former two predecessors.

In fact, it does not carry this meaning only, but prepares it to other meanings that polarize it.

The purpose of this research is to remove the ambiguity of the concept Bad faith in the post-construction phase on the land of others and the effects of such events without claiming a legitimate reason.