The Arrangements Of Norms In Civil Law Neighborly Relations

The object of the neighborly relations system is to coordinate and balance all kinds of benefit conflicts among real estate neighbors when they make use of real estate. The neighborly relations system is an important system,ruled by Civil Law of many countries since Roman law. As a result of economical rapidly development, High technology product unceasingly innovation, the population sharply increasing, high-rise construction rapidly development, the applicable scope of the neighborly relations expands unceasingly, the norm standard level is much more complex. In the modern society, the public law and the civil law mutual seepage. The administrative control becomes general adjustment ways in various countries. They formulated massive administrative norms to coordinate the civil law norms to make the adjustment to the neighboring benefit, which makes the boundary of civil law neighborly relations to be fuzzier, and increases the difficulty of the arrangements of norms. But the"Real Law"which our country has already searched, has not known very clearly to the civil law neighborly relations' nature and it's rights and obligations arrangements. It makes the legal norm logic confusion, the content empty and difficult to operate. This article is for the purpose of utilizing the comparison, historical and the norm analyze method, from four aspects, which are the legislative pattern, the nature of the norm, the content of the norm and the protection system to analyze the arrangements of norms in Civil Law neighborly relations. It is also about how to appropriately arrange the neighborly relations in a code civil and analyze and criticize the specific rules of the Real Law.The full text divides into three parts: the introduction, the main text and the conclusion. The main text includes five chapters.The first chapter introduced the general contents of the neighborly relations norms, which established a basic point for the full text's analysis. The neighborly relations not only have the life attribute, but also have the standard attribute. The neighborly relations as legal rules, must follow the structure request of the legal norms, this is also the technical question in the neighborly relations.The second chapter introduced neighborly relation's two kind of legislative patterns, which are legal easement in French Law and neighborly relation's in German Law. Analyzing the historical evolutions and the contemporary development of the two kinds and the different norm arrangements in the two patterns as well.The third chapter from two aspect, to analyze the nature of neighborly relations norms, the haphazardness norms and the compulsory norms, the civil law norms and the public law norms. The civil law neighborly relations norms are not suitable to explain it as the compulsory norms in principle. We should give neighbors certain autonomous space, in order to realize the function which the reality of laws promotion makes the best use of things.The fourth chapter introduced the neighborly relations norms'most basic duty is to establish a reasonable demarcation line between the bilateral rights and obligations, but the law completes this task use a special legal technology——tolerance duty. Analyzing the function of general provision in the neighborly relations norms arrangements, as well as the limitation of typological thought in the neighborly relations arrangements from neighborly relations adjustment content's modern expansions and limits of t which as well as should receive from the adjacency relation expansion, hasThe fifth chapter elaborated the protection system of the neighborly relations, which is the relief in the neighborly relations who violates the norm. The neighborly relations purely with the property rights norms do not have the independent serviceability, it does not have the independent request power foundation, must auxiliary by the corresponding real right adjustment or the creditor's rights adjustment way, and establishes the corresponding responsibility form.