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

Country/Territory
Morocco
Type of court
National - higher court
Date
May 10, 2011
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
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