"Lawsuit of damage due to non-observance neighborhood legal distance in construction According to the provisions of the laws in force in Palestine/ West Bank" | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 10, Volume 10, Issue 2, March 2020, Pages 358-403 PDF (1003.82 K) | ||
| DOI: 10.37651/aujlps.2022.171532 | ||
| Author | ||
| Assistance professor Dr. Hussein Ahed Ayaseh | ||
| Birziet University Palestine / public Administration and law collage | ||
| Abstract | ||
| The study focused on the claim of damage resulting from case of non-observance neighborhood legal distance between neighboring owners. Its importance was taken to clarify the legal rules derived from various legislations in force in the West Bank that govern the issue of neighborhood setbacks between buildings classified for housing, commercial or industrial purposes, As well as to indicate the criteria upon which to determine the damage to file a lawsuit in the competent court. The problem of the study was to determine the legal basis on which the aggrieved neighbor could bypass the building setbacks in filing a lawsuit to remove the damage, due to the contradiction in the legislation in force in this regard regarding the legal basis, is it the removal of the damage to the neighbor or the removal of the building violating the ongoing setbacks. finally we reached many results, the most important was the damage case is based on the presumed damage, and it is not the responsibility of the injured neighbor to prove the damage, also Court of First Instance is the competent authority to hear this case, in its capacity as the holder of the general mandate, to hear cases of elimination of damage despite of the contradiction in the decisions of the Palestinian courts in this regard. | ||
| Keywords | ||
| Construction; collision setback; damage removal | ||
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