Violation of neighborhood obligations under the enforced legislation in the West Bank

Abstract

Objectives of the study: Raising the issue of the neighbourhood has special importance in the West Bank within the framework of objective and source legislation, some of which date back to the era of Ottoman rule and British Mandate; the direct reason for choosing the topic and treating it in order to solve the primary forms of extension. To what extent is there a window of systemic effectiveness in addressing the issue and clarifying the standards adopted under these legislations in determining the neighbour responsible for damages, as well as the standards for determining damages that constitute legal liability?

Methods: The study relies on descriptive and analytical approaches.

Results: The study concludes, through analysing the legal texts, that the laws dealt with the issue in general but did not keep pace with developments related to it. This means that the legislation regulating the issue of neighbourhood needs to be developed to include what is new in the subject, especially what relates to identifying responsible neighbours for liability arising from damages.

The scientific value: After addressing the research problem and answering its questions, it will serve as a starting point for researchers and stakeholders, especially Palestinian legislative decision-makers, in addressing the shortcomings surrounding the applicable legislation. The study offers recommendations for legislators to clarify in clear text that they bear responsibility for the damage.