دفوع المدعى عليه في دعوى المسؤولية عن مضار الجوار غير المألوفة

Abstract EN

The purpose of this paper is to review the substantive objections raised with respect to the liability action for ordinary neighborhood nuisances, which may be invoked by the neighbor in court to rebut liability.

In this study, it was found that the liability action for the ordinary inconveniences of the neighborhood had its own exceptions which distinguished it from other actions in civil liability, such as the existence exception, the exception of the absence of neighbor status and the exception of damage not exceeding the normal limit.

It also has general exceptions, such as the exception of presumption, the exception of the absence of a causal link, and the exception of the legitimacy of activities.

It has also been shown that the neighbor may rebut his responsibility in whole or in part by proving the fault of the victim, but he can not refute this responsibility by proving the fault of third parties, or force majeure, or fortuitous event, because liability for neighborhood damage exists as soon as the damage occurs