The nuisance in English law Comparative Analytical Study with the Civil Law of Iraq
Section: RESEARCH
Abstract
Nuisance is considered as one of the civil torts in the English law as well as such other torts as negligence, trespass to land, trespass to persons and defamation. It is worth bearing in mind that all of the torts are included in the English law of torts, which is an unwritten law based upon judicial precedents of the English courts. The study aims at explaining the nuisance elucidating its legal base upon which the legal liability of civil tort is based as well as clarifying its various aspects, such as noise, malodor, vapour, smoke environmental pollutants and comparing this base with that upon which the legal responsibility arising from harassment and nuisance in Iraqi civil law is based.
References
- B. Research.Dr.. Esmat Abdel Meguid Bakr, Environmental Protection in Iraqi Legislation, Research published in Comparative Law Journal, Baghdad, No. 29, 2001.
- C. Laws.1. Iraqi Civil Code No. 40 of 19512- The Egyptian Civil Law No. 131 of 19483. Noise Prevention Law No. 21 of 19664- Environmental Protection and Improvement Law No. 3 of 19975- The law regulating the use of road barriers and the ways of fast transit No. 55 of 19856- Traffic Law No. 86 of 20047. The English Environmental Protection Act 1990