Analyses On The Rules Of Legal Neighborhood

INSTRUCTIONSIntroducing the thesis, the motives, the attitudes of the dissertation and the preparations on the materials. THE FIRST CHAPTERThe first part analyzes the existed concept of legal neighborhood and tries to show its faults. According to the nature of legal neighborhood, then we just describe the factual elements of it, including adjacent real property and the persons who hold the rights to the real. There are important differences between the usage of legal neighborhood, neighboring law and neighbor rights. Legal neighborhood should be the actual word to express the exact meaning of the special rule. At the last paragraph, we try to propose the theoretical basis for the rule, including logic basis, ideal basis, social basis and ethic basis. THE SECOND CHAPTERThe neighboring rules are an ancient legal rule. It origins form the usage of land. In ancient times, especially the time of BC, there is no abstract concept of ownership, and the things are very simple, the neighboring rules are in the forms of consuetude. Along with the development of social economy, the rules changed a lot. Till the times of Roman law, it have enlarged and had covered most of the categories in modern society. Follow the traditions of Roman law; the Napoleon Civil Code established the rules of legal servitude instead of separate neighboring rules. But after the Napoleon Civil Code, the BGB distinguished the rules between legal neighborhood and legal servitude. The two rules are very different in many facets; in China we should follow the traditions of BGB.According to the historical investigation, we can realize that the neighboring rules are always affected profoundly by the changes of times. Now it is facing so many new problems because of the development of higher industrial society.