تطبيق قواعد المسؤولية المدنية التقصيرية في مجال التلوث البيئي : الإشكالات و الحلول

Abstract EN

The rules of environmental responsibility, although its provisions can be applied to some cases of environmental pollution, but in many cases the one who caused the damage may escape from responsibility in the case of strict adherence to these rules without taking into account the nature of the environmental damage, as it is difficult to provide the pillars of responsibility combined, and jurisprudence has tried to overcome these Difficulties through the establishment of new rules that were not known in the field of tort liability were then adopted by various environmental legislations such as liability based on environmental damage and objective liability that finds its basis in the theories of bearing dependency and the theory of the harms of the familiar neighborhood.