Neighboring Relations System Research

This article is for the purpose of to neighboring relational system certain questions conducting the research. In clears off the neighboring relational basic concept in the foundation, proposed the establishment neighboring relations system vital significance as well as studies this system the practical significance. Adopts method and so on historical legal science, comparative law and law philosophy analysis, in the elegant neighboring relational system historical development, as well as under the various countries' neighboring relations system comparison, proposed constructs the neighboring relational system the theory plan and the legislation suggestion.The full text besides the introduction and the conclusion, altogether divides three major part carries on the elaboration.The first part is to the neighboring relational elementary theory research. First, elaborated the neighboring relational concept, the characteristic and the applicable scope; Next, has discussed the neighboring relational legal nature, and its with easement relation and difference; Then, analyzed the neighboring relational system to have, the development history with emphasis, and establishment neighboring relations system significance.The second part has analyzed the mainland legal system country neighboring relations system situation with the comparison test procedural law. First introduced in Roman law, French civil law, German civil law, Japanese civil law, Swiss civil law related neighboring relational system content, and carries on the brief appraisal to it. Like Germany may not the measuring violation system, Japan's sunshine hindrance theory and so on. Next has carried on the introduction to our country Taiwan area neighboring relational system content.The third part mainly studies our country neighboring relations system the perfect perfect question. First proposed our country lex lata about the neighboring relational system correlation stipulation and its the insufficiency. Elaborated the neighboring relational system reform importance and the necessity. Finally, according to this system research situation, the author proposed the heavy construction and the consummation neighboring relations system concrete suggestion. In order to realize the real estate neighboring relations benefit maximization, suggested neighboring will relate divides into legally decides two big types with Italy, will introduce the easement Italy to decide the neighboring relations, at the same time in two big types, will divide again according to the right duty characteristic the type, each type will abstract a main body thought.