أبحاث قانونية وسياسية
Volume 10, Numéro 2, Pages 842-856
2025-12-30
Respecting Others Between Right And Duty: Redefining Neighborhood Responsibility In Light Of Extraordinary Damage.
Authors : Karce Boubakeur .
Abstract
Abstract: The newly emerging nuisances of neighbors in Algerian law have become a major challenge due to the weak legislative handling of the issue, in addition to the shortcomings of traditional theories. The Supreme Court has made considerable efforts by playing a pivotal role in establishing the principle of "extraordinary damage," thereby reinforcing a liability based on the imbalance between neighbors' rights and affirming that administrative authorization does not exempt from civil liability. This study emerge the judge has discretionary power regarding the type of compensation, as he can suffice with specific restitution by halting the harmful activity, or issuing a ruling for financial compensation to be imposed on the party causing the damage. Than, the study recommends the urgent need for legislative intervention to activate dispute resolution mechanisms, ensuring a fair and balanced community environment that respects the rights of all parties.
Keywords
Emergent neighborhood nuisances ; Strict liability ; Compensation ; Abatement of nuisances ; Pecuniary compensation
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