Tolerance In Civil Law

The obligation of tolerance, referring to one’s duty not to raise objection or dissent which he would have been entitled to, is the original rights restrained by law. The obligation of tolerance appends restraints to the right of obligees while bring greater convenience to a relative person or greater benefits to society. According to the principle of prime interest, this small sacrifice for the greater benefits will be rational to exist. The obligation of tolerance originated from the restraints to the rights by law, mostly appearing in mutual right intersection where the rights of a party to perform need the other party to transfer or share a part of the right to cooperate, is the content of the obligation of tolerance. The different parties involved in the intersection of rights who want to use the intersectional parts with no conflict need to forbear, or to provide the necessary convenience for each other in order to ensure the rational use. The obligation of tolerance is the point to balance the interests of all parties, and it should be said that all parties to this point or that the interests of the whole get close to optimization. The existence of the obligation of tolerance does not change the original ownership of rights, but just appends the legal constraints on the original right. The side with the obligation of tolerance is subject to the stricter restraints than the prohibition of abuse of rights.The obligation of tolerance exists in a large number of civil legal relationships, but there are no standards of the obligation of tolerance in China’s civil law or single law. Domestic scholars only have relatively narrow researches mainly about the obligation of neighboring infringement. And the related documents are mostly appeared in recent years. The situations from the practice were similar, most of the cases involved in neighboring relations. That being against the obligation of the tolerance namely not fulfilling the obligation of tolerance or beyond tolerance limits constitutes infringement. The obligation of tolerance is not a new type of duties. It is a kind of duty which can extremely respond the degree of social civilization. The awareness of tolerance obligation will be clearer with the development of society and the pursuit of the greater profits (including social benefits).The obligation of tolerance exists in different forms in a variety of civil legal relations. It is apparent in adjacent relationships, but in some cases it is very secretive even mistaken for not exist, such as mortgage, pledge. People always have the tendency to use right extremely. The contradiction between the premises of unlimited desires with limited resources builds the shelter for conflict. The overlap of rights of is the points of conflict, which is particularly in need of legal norms to settle disputes. Although researchers have deepened their studies, the cases concerning the obligation of tolerance are growing rapidly. However, the general acception or practical applications in social facts can not be the source of the obligation of tolerance. And because of the restrains of the rights, the reasons of the obligation of tolerance also makes it harder to be fulfilled conscientiously. Although there are indirect contents in Property law, Contract law, Security law, Copyright law, Patent Law, Trademark Law, Marriage, Inheritance and other laws, yet for directly application, there is still a long process to legalization.