الأساس القانوني للرجوع في مضار الجوار الصناعي

Abstract

Responsibility for unusual neighborhood hazards is one of the most important issues, Has received the attention of jurists both in positive law or in Islamic law, However, the biggest role was for the judiciary to recognize them and to indicate their importance. However, opinions differed on the basis for this responsibility, Divided into two teams, the first set up on the basis of personal error, and the second set up on an objective basis. The Algerian legislator established it on the theory of abuse of the right and make it a condition for the establishment or absence of the responsibility of the owner; Regulating neighborly relations and obliging each owner to respect the rights of other neighbors, It placed a general restriction on the use of the right of ownership, namely, the non-abuse of the right in accordance with article 691 of the Civil Code. However, in order to effectively protect the affected neighbor, The theory of arbitrariness must be excluded as its basis, Because the neighbor responsible for the damage can invoke a license to exercise his or her industrial activity or take precedence in the exploitation for exemption from liability, As well as the existence of new and complex risks created by current developments, Modern legislation therefore recognized the need to adopt objective responsibility based solely on harm as a basis for it.