الوسائل الوقائية للحد من الضرر الطارئ في الاستملاك (دراسة مقارنة)

Abstract

If the purpose of the acquisition is to achieve the public benefit, however, the management’s acquisition of the property may result in severe damages that sometimes exceed the benefits intended to be achieved, there is a conflict between two public interests Or other times, damages are caused in the reality of the private benefit, certain properties are affected by this acquisition, we are in the process of conflicting between the public interest and the private interest. This damage is not the result of the intentional direction of the possessed administration's will to achieve it, rather, it arose in an emergency and accidental way because of the type of benefit resulting from the projects built on the expropriated property, this prompted some legislations to confront with preventive means represented by extensive judicial oversight to balance the harms and benefits that could be achieved if the expropriation took place. When there is a conflict between two public interests,as for the second form of conflict, judicial oversight does not provide protection for the private interest, because when it conflicts with the public interest, the latter prevails over the former, therefore, the legislator adopted another preventive means represented by the regular and subsidiary legislation regulating the establishment of the public interest.