المسؤولية التقصيرية عن المضار غير المألوفة للجوار : دراسة مقارنة بين القانونين الأردني والمصري والفقه الإسلامي

Abstract

This research aims at investigating the tortuous liability of unfamiliar harms to the neighbour harms made in the Jordanian, Egyptian civil laws and the Islamic law. The problem addressed by this research is the obscurity of (section 1027 in) the Jordanian civil law and its counterpart in the Egyptian civil law. Both Laws discuss the tortuous liability in case of unfamiliar harms to the neighbours harms from the point of determining the legal foundation this case is based on, the elements if present, the initiator of the unfamiliar harm would be liable, and the parameters according to which we can decide whether it is familiar or unfamiliar, or a person would be classified to the neighbour that follows or not and then determine the nature of responsibility. The researcher has used different approaches to address the problem, such as the descriptive approach, the inductive approach, the analytical approach, the historical approach, the comparative approach and applied approach. In conclusion, the researcher found that the legal basis for such liability is the theory of abuse of the right, and the criteria through which this kind of responsibility might be recognized are the criteria of abuse as provided for under both Egyptian and Jordanian Laws.