.الحماية القانونية لحق الجوار في القانون الجزائري

Abstract

With the contemporary evolution of life in which there are more and more prejudices followed to neighborhood whether it is near or far one, a large notion of neighborhood appears, this term includes all the buildings between people who are in a real situation which is done by the joint ownership of exploited properties or by their laws in the same building. The principle of neighborhood and common ownership of the 2 buildings, but this link is available only for the people who really benefit from it which are the neighbors who represent an essential element in their constitution. The right of common ownership can only be established over the basic of three elements which are the constituent, and by which is determined his contents; it is a real right which appears in case of needs. And which determines its beneficiary according to its geographical situation The legal protection of right of neighborhood necessitate a research over the extendedness of the protection of its prejudice right of unshared neighborhood By highlighting the distinction standard of these prejudices that translated by the non frequency of this prejudice. Besides, the clarification of the basic of responsibility and of compensation called prejudice From another hand, the highlighting of right of the well-being neighborhood in its private life and the extendedness of legislative protection of this right in applying the law of town planning for the protection of well- being right of neighbor, his right has a distinct environment When the legal protection of properties and property adjoining, it necessitate the research upon the extendedness of protection of good estate property adjoining in referring to their limits ,in other word their protection in the limits of their borders , we highlight the physic limits of neighborhood and established a separation barrier to protect the borders. Following that, we demonstrate how to protect the attached properties than of overtaking its borders in the card of servitude over the neighbor building. And from another point, the protection of these rights of neighbors in the card of joint ownership and the reflection image of common neighborhood