المسؤولية المدنية عن مضار الجوار غير المألوفة

Abstract

The unusual theory of neighborhood harms is of great importance, it has not been known this much till the age of both industrial and technological revolutions, the two revolutions had a big reflection on the uncommon neighborhood troubles that kept place with evolution and appeared in different ways that were not known previously threatening man in various aspects in his life especially in the environment where he lives. These troubles are not resulting from the failure of the responsible for them to comply with laws and statutes or because of his misbehavior or his abusing of his right, but they are resulting from his ordinary and legal use of right what leads to the exclusion of traditional responsibility to be applied on these troubles, as it doesn’t meet its conditions. In this sense, the recognition of civil responsibility for the uncommon neighborhood troubles as a new picture to cover these troubles was absolutely a necessity, it is a responsibility that is taken because of neighbor disputes that happen with in a particular environment and with in the context of private relations its foundation is that the damage is uncommon ,so that denying this description leads to irresponsibility ,it is an objective responsibility free-standing distinctive and free of traditional reasonability clauses .