Guarantees of civil liability for reparation of environmental damage

Abstract

There is no doubt that the rules of civil liability are one of the most important legal topics worth studying, especially in the environmental field, as civil liability is closely related to the lives of persons, especially the resulting disputes as it is a major focus of civil law. However, given the tremendous development in technology and the prevalence of the principle of globalization and freedom of trade, which all led to the depleting use of natural resources, which resulted in a lot of pollutants that resulted from this use in a way that natural ecosystems cannot endures. So, ecosystems began to deteriorate and collapse, and this use was reflected on human life and health, and led to the emergence of diseases that did not exist before. In view of the fact that the Algerian legislators are always trying to activate the mechanisms dedicated to the protection from environmental pollution, which has become a threat to the common heritage of humanity, they were keen to provide a mixture of legal sanctions that result from acts of prohibited pollution, especially environmental pollution. The special nature of the necessary protection of the environment requires its subordination to the system of civil liability governing the relations between the properties, however, the latter have been adapted to the specificity of environmental damage. Therefore, this study has two parts, the first show the shortcomings of the provisions of civil liability for environmental damage reparation; while the second presents the mechanism of adapting the rules of civil liability to suit the specificity of environmental damage.