المسؤولية المدنية على الأضرار البيئية (دراسة مقارنة)

Abstract

The study of civil liability for environmental damage has become a fertile field for the attention of the judiciary and legislation, both at the international and national levels, since it is not enough to rely on the traditional rules of civil liability in the environmental field. This is due to the specificity of environmental damage that is difficult to prove, which has required an exposure to its different legal aspects, with the aim of highlighting the pillars and conditions that must be met for the establishment of a civil procedure. The responsibility of the person who caused the environmental damage to be established, and then clarify the legal avenues granted to the injured person to deserve appropriate compensation that compensates for the damage caused by the latter and ensures maximum protection of the environment, since condemning the author and holding him responsible will undoubtedly push him to change his behavior. With regard to the environment - since, in this regard, civil liability as an effective tool for repairing subsequent damage has recently moved to the stage of preventing danger before the damage occurs - and we have also resorted to some comparative legal systems and a review of their judgments and jurisprudence, to clarify some gapsAt the level of both Algerian legislation and judiciary.