Neighborly harms – removal of harm- harms that cannot be avoided – condition to exceed the normal limit – known damage.

Title:
Neighborly harms – removal of harm- harms that cannot be avoided – condition to exceed the normal limit – known damage.
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
May 10, 2011
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
Abstract:

The Neighbors cannot request the removal of damage caused by normal neighborly tasks such as smoke and other harms that cannot be avoided and that exceeds the normal limit, while the known harm cannot be removed because it occurred before the right in action goes to the party causing the damage.

Decision overruled

Available in:
Court of Cassation’s Decisions on the environment