مسؤولية حارس الشيء أساس للتعويض عن التلوث البيئي: تطويع للعام في غياب الخاص

Abstract EN

It is a well-established fact that many environmental pollution images no longer have their damage limited to the environment as a collective field, but have become individual damages to people, whether natural or moral, and thus the problem of compensating for these damages has emerged, especially in the absence of specific texts in this regard.

in an attempt to find the most effective bases, proposals have emerged, the most important of which is based on article 124 of the civil code concerning personal liability, and some have suggested relying on liability for unusual neighborhood damages while some have linked pollution to considering it something and relied on the responsibility of the thing's guard.

through this research, we will try to study this latter basis and discuss the possibility of adapting it to compensate for environmental damage, and this requires adopting the texts contained in the general rules, ie in the civil law in the absence of special texts, and we will try to highlight the points of convergence and separation by adopting the specificity of pollution or environmental damage to reach legal results on the subject.