A Study On Tolerant Obligation Of Adjacent Non - Quantifiable Infringement

The development of modem industrial brings convenience to our life. And at the same time, it also brings us a lot of problems, such us noise, shakes, etc. Neighboring relations has been gradually complicated due to all these invasion of immensurable substance. So the duty of tolerance should be one of the basic obligations in legal neighborhood. Our civil law doesn’t have a well-organized invasion of immensurable substance system. As a result, such current system couldn’t fully understood and used by both ordinary people and judge. Therefore, it’s necessary to study the system of the invasion of immensurable substance and the duty of tolerance.The article is divided into four chapters to solve these problems. First it analyzes the faults of the duty of tolerance. Next, it shows how to establish a system of the invasion of immensurable substance in our country. Thirdly, it researches the legal requirement of the invasion of immensurable substance. Our country’s civil law should learn from foreign legislation, and gradually establish a system for the invasion of immensurable substance.In terms of the settlement the dispute of neighbors, we started with the source of the invasion of immensurable substance. The duty of tolerance should be one of the basic obligations in legal neighborhood. Because of the conflict of rights is unavoidable, and the basic attribute of the law is interests readjustment.We can use economics rules (Property Rules, Liability Rules, and Inalienability Rules) to set up the invasion of immensurable substance system. So we should shake ourselves out of old habit of thought. The problem about invasion of immensurable substance and the duty of tolerance can be divided into two parts. First, it’s a problem about permissible limits of real right for the right holder. Second, when another person’s right is damaged by the right holder’s invasions, we call it an act of tort, which includes damages of real right, general torts, and damages of environmental tort.The reasonable limits of invasion of immensurable substance and the duty of tolerance is the first problem we face. On this basis, we begin to study ways of civil relief. We need to balance interests of all parties and give consideration to every aspect of reasonable limits, such as economic future measures, the nature of damage, social evaluation, and usual usages of special locations. If there is a tort act, the infringer should bear no-fault liability. When the infringer is at fault, the other side has right to cease the infringing act and eliminate the nuisance.Through the above analyses, the article focuses on the legislation of invasion of immensurable substance and the duty of tolerance. The legal design of invasion of immensurable substance and the duty of tolerance has stipulated the general terms as well as concrete rule.