الضرر البيئي و تعويضه وفق نظام صناديق التعويض

Abstract EN

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The progress that has been witnessed due to technological and industrial development has made traditional civil responsibility powerless to ensure an equitable and a suitable indemnification for the victim, indeed environmental damage isn't easy to /determine the casualties of environmental prove since it is really hard to estimate/define pollution with regard to industries and the deal of smoke, smells and noise that are emitted by them.

it worthy to not that such casualties come about due to a legal activity which conforms to the laws/regulations.

in addition to their being implicit/indirect damages that aren't caused by one factor/source but due to many others.

this makes the victim unable to prove the cause and consequence relationships existing between the above-mentioned.

besides, the victim may be ignorantly involved in causing such damage or not well off enough to bear such a burden leading the victim to lose the right to indemnification which contrasts/contradicts with the principles of justice.

All these odds/difficulties/hardships have been a real stimulus to find out new legal mechanisms among which we find the so called environmental damage funds.