المسؤولية المدنية عن مضار الجوار غير المألوفة و التلوث البيئي : دراسة مقارنة

الملخص EN

The need for sustainable and safe neighborliness is a social and spiritual necessity nowadays more than any time before.

Which means, it is necessary to redeem all the effects in the people live, comfort, health and properties as well that ones which relates to the nature.

The responsibility for the civil effects depends on the evidence according to item no (304) in the Yemeni Law.

In addition, this responsibility cannot be confuted except by an evidence from another side according to the item no (306) in the Yemeni Law.

Added, there is an exception saying that, the responsibility can be there according to the expectations which might be there according to the items no (311 and 314) in the Yemeni Law.

Throughout the development of the rules in the Civil Responsibility, the Yemeni Responsibility Law adapted the responsibility of the effects depending on the attack as well the nature effects.

However, the Yemeni law does not include a clear manner the judge can depend on to assess the punishment for the nature effects.

Which means the Judge will consult the general rules in such cases.

Moreover, depending on the general rules can help only in the case of the effects of the individuals and their properties.

Therefore, the Civil Yemeni Law decided to solve such effects on the Neighborliness rules in the item (1161) and this item gives the Judge the authority to remove this effect.

In addition, effect must be from the unknown ones.

Added, the natural effects do not affect the nature only but they affect the human as well, which considered being the main element in this nature.

That means the establishment of the safe nature needs to depend on the nature of these effects can be by forcing all the institutions and factories, which cause pollution in the nature to sign a contract to carry the responsibility for this pollution in the nature.

In addition, the Yemeni Law must be widen to include the effects, which caused by the natural disasters and the oceans pollution and establish some boxes for protecting the nature.

Due to, the disappearance of the laws which keep the right of redeeming the effects resulting from the nature disasters in the Yemeni Law no 26 in the year 1995.

So, this research aims at confute the unknown Neighborliness Effects and protecting the Nature as well the community and the human health from all the activities and behaviors might affect them as an important aim.

As well, it aims to establish the Regime through establishing rules and Laws to protect the nature, the human beings and the communities' health.