اثر الدفع باسبقية الاستغلال على المسؤولية عن مضار الجوار البيئية

Abstract EN

demographic growth has led cities to expand, and cause new neighborhoods to emerge, and extending to areas outside the urban plans In line with this growth and the scarcity of residential properties some of them had to live nearby the industrial zones and classified enterprises that were far from population centers.

This neighboring has led to the suffering of the new neighbors because of the activities carried out by these factories and classified enterprises Such as the noise of machines, smoke, foul odors, toxic emissions and other harassment which caused the new neighbors to seek compensation on the basis of unusual neighborhood damage On the other hand, owners of harmful activities defended the priority of exploitation and presence in the place under licenses granted by the administration in order to avoid civil liability for such damage Comparative legislation differed by taking this defense between supporters of activities harmful to the neighborhood environment and their arguments and between the right of new neighbors to obtain compensation