التعويض العيني عن الضرر البيئي : فلسفة التعويض في التشريع الجزائري

Abstract EN

The penalty impact on the realization of the rules of civil liability is the emergence of a right to compensation for the benefit of the victim, which is located on the cause of the obstruction, and the judiciary is moving to give the injured a full and fair compensation, so the judge set the method and amount of compensation.

This is stipulated in Article 132 civilians that: Judge appoints method of compensation depending on the circumstances, and to be true compensation in installments, as is true that the salary income, and in these cases may compel the debtor is estimated that insurance.

The estimated compensation in cash, that it is permissible for the judge, and depending on the circumstances and at the request of the injured, ordering re-situation to what it was, or to be judged as a way to compensate the performance of some of the benefits related to the wrongful act ", but in the field of environmental damage, we find that the original may change where we find that kind of compensation, especially in the case to re-image of what it was is the original and then comes monetary compensation which is separate later.