حوراء عزيز جبير الموسوي

SUMMARY

Serious Damage and it’s Guarantee Regulation in Neighborhood Relation

 

The theory of Serious damage of neighborhood is very essential part in perfecting the new form of the civil liability in the different countries and among these Islamic countries , thus we notice that the theory of serious damage of neighborhood based on the tow new legal conceptions namely “serious damage and Neighborhood are perfect and developed one which has its own element , conditions and details and this what shall appear in our present research , despite its terseness ,the reader will be use full in understanding this developed eve loped and original system besides it is useful comparing the different legal system with each other with Islamic law and with comparison will produce of many legal interest and this what will appear to the reader in the legal research throuql its part and division that are involved in this research .

The first chapter deals with the conception of the Serious damage .the concept refers to the damage which exceed the accepted level that afforded by the Neighborhood relation . it is natural to expose to the Islamic attiude toward this theory. The universal and acceptable opinion prevent one neighbor to work against the another one the judge depends on the society development in identification of the sever damage without attention for the special affair of the hurted neighbour .

The second chapter in dudes the conditions the should be available to achieve the responsibility this research faces difficulty because it deals with very sensitive issue .

Finally ,this research presents the conclusion that obtained from the responsibility of the Serious damage and it is necessary to protect the neighbuor that deiced and it should put the law which can arrange this state by general and special aide . the latter precedes in possession and administrate permission but both of then don’t push the civil responsibility from the serious damage.