Document Details

Document Type : Thesis 
Document Title :
‏ Civil liability for Uncommon Nuisances of Neighborhood from the field of Environmental damage
المسؤولية المدنية عن مضار الجِوار غير المألوفة في ميدان الأضرار البيئية -دراسة تحليلية مقارنة-
 
Subject : Faculty of Law 
Document Language : Arabic 
Abstract : The Civil liability for the unfamiliar environmental harm of the neighborhood is one of the forms of liability which is included in civil law, which protects the relations of individuals towards each other. The importance of the topic is currently due to the large number of environmental damages that afflict the neighbors due to industrial and electronic development and urban expansion in the recent period, which has increased the proximity of housing beside the industrial areas, and the specificity of environmental damage. Accordingly, there was a need for a legal system that exposes the unfamiliar concepts of neighborhood and unfamiliar damages, and defines the basis and pillars of liability, in addition to determining its effects in order to reach a fair compensation for each victim of the neighborhood. Accordingly, this study was divided into two chapters: in the first chapter, it dealt with the elements of civil liability for the unfamiliar harms of the neighborhood in the field of environmental damages. The second chapter: The effects of civil liability for unfamiliar neighborhood damage in the field of environmental damage, according to the analytical approach and the comparative approach to the provisions of the Saudi law and Egyptian law, to analyze the relevant texts, and identify the similarities and differences, in addition to grafting them with the original approach. The study reached results, the most important of which are: This responsibility is either based on tort responsibility when there is a violation of environmental laws, regulations and systems, or on the basis of bearing the responsibility according to the theory of unfamiliar harms of the neighborhood. It also concluded that both the texts of the Saudi law and the Egyptian law narrowed the scope of neighborhood, in organizing it under the concept of the right of ownership. And I also found that the Saudi regulator did not disclose his position on the text on the issue of the role of administrative licensing in paying responsibility. The study recommended both the Saudi regulator and the Egyptian legislator to take out the regulation of civil liability for the damages of the neighborhood as a matter of the right of ownership, by regulating these issues in a precise organization. and when its provisions do not extend to specific issues, then the general rules are referred to; In order to become comprehensive, the study also recommended that the Saudi regulator need to amend the scope of neighborhood Keywords: unfamiliar neighborhood harms - compensation - environmental damage - property right. 
Supervisor : Dr. Fisal Al- Assaf 
Thesis Type : Master Thesis 
Publishing Year : 1444 AH
2023 AD 
Added Date : Tuesday, March 28, 2023 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
ايثار عبد الرحمن العطاسAlattas, Eithar AbdulrahmanResearcherMaster 

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