The Study On Neighboring Relation System

The neighboring relation system is an important system ruled by Civil Law of many countries since Roman law. The purpose of the neighboring relation system is to coordinate the benefit conflict, stabilize the order of real estate and promote the full use of real estate. This paper attempts by analyzing the basic theory of the neighboring relation system, using comparative and historical method, comparing the neighboring relation systems of the world's main countries and regions, considering the actual situation of our country, to point out what neighboring relation system should be set up in our country to meet the practical needs of the social and economic life of our country. This paper is divided into three parts: Firstly, the study on the basic theory of the neighboring relation system; Secondly, the comparative study on the neighboring relation system; Thirdly, The analysis of the existing neighboring relation system of our country and legislative proposal.The first part: The analysis of the basic theory of the neighboring relation system. Firstly, the definition and the scope of application of the neighboring relation; Secondly, the analysis of the essence of the neighboring relation. This paper points out that the essence of the neighboring relation is the restriction or expansion of the contents of proprietary. The writer makes an emphatic analysis of the difference between the neighboring relation and easement. Thirdly, the analysis of the object of the neighboring relation. There are presently three academic theories on the question of the object of the neighboring relation. This paper has an analysis of these theories one by one. Finally, the theoretical classification of the neighboring relations to provide a clue for the legislative proposal in the third part of this paper.The second part: The comparative study on the neighboring relation systems. Through the inspection of the neighboring relation systems of the world's main countries and regions, this part mainly uses comparative and historical method, and summarizes some characteristics and regular patterns of the neighboring relation systems. The objects of the inspection include ancient Rome, France, Germany, Switzerland as well as the district of Taiwan of our country. The comparative study on the neighboring relation systems in this part provides a basis for the observation of the third part of this paper.The third part: The analysis of the neighboring system currently in effect of our country and legislative proposal. Firstly, this paper points out what provisions the law currently in effect of our country has, that is, "General Rule of Civil Law of People's Republic of China" (hereafter to be called "General Rule of Civil Law") Article 83, "The View of the implementation of the Supreme People's Court on General Rule of Civil Law" (hereafter to be called "The View of General Rule of Civil Law")Article 97 to 103 and "Real Right Law of People's Republic of China" (hereafter to be called "Real Right Law")Article 84 to 92. Secondly, this paper item by item analyzes the provisions regarding the neighboring relation system ruled by "General Rule of Civil Law", "The View of General Rule of Civil Law" and "Real Right Law", and points out the reasonableness and weakness of these provisions, considering the basic theory of the neighboring relation system and the legislative situation of the neighboring relation system of the world's main countries and regions. Finally, this paper puts forward specific legislative proposal, and points out the reasonableness of the legislative proposal, with the purpose of adjusting people's interest relation in the field of neighboring relation and promoting the order and stability of the social and economic life.Through the observation in the above-mentioned three parts of this paper, the writer concludes: The contents of the neighboring relation are the rights and obligations of the proprietors or usufructuaries whose real estates are neighboring occurred from the mutually provided convenience or acceptance of restriction, during the exercise of the proprietary rights or the rights of use by the proprietors or the usufructuaries. The essence of the neighboring relation is the restriction or expansion of the contents of proprietary. The future civil legislation of our country regarding the neighboring relation system should be adhered to the pattern of "strict distinction between the neighboring relation system and easement". The contents of the neighboring relation are various and complicated, so the neighboring relation should be prescribed meticulously. Our country in the course of the next legislation of the neighboring relation should consider its actual needs as well as the advanced legislative experience and skill and finally forms the neighboring relation system according with its practical needs.