Neighboring Relations System Research

The object of the neighborly relations system is to coordinate andbalance all kinds of benefit conflicts among real estate neighbors when theymake use of real estate. The neighborly relations system is an importantsystem, ruled by Civil Law of many countries since Roman law. Havingsearched the Real Law and Civil Law Code and many expert manuscripts,the author finds that rules of neighborly relations system are not only generaland abstract but also simple. So, the object of this article is to discoverintrinsic venation of meaning in all kinds of objective styles of neighborlyrelations and show idea of being living right in neighborly relations systemand provide suggestions to legislating of neighborly relations by usingcomparing, historical and type study method and by inspecting basic theoryand legislating pattern of neighborly relations and rebuilding neighborlyrelations.Part One: Outline of neighborly relations system. This part discussesthe basic theories of neighborly relations including three nodes: One is thebasic theory of neighborly relations including: Firstly, concepts andapplication scope of neighborly relations. Secondly, the objective ofneighborly relations. The author deems that the objective of neighborlyrelations is not benefit appeared in neighborly relations but the real estateitself of neighborly duty people. Thirdly, the difference and connectionbetween neighborly relations and the easement. This node is to explain theindependence of neighborly relations and its position in Real Law. In thispart, we adopt historical and comparing methods and summary somefeature and principle of neighborly relations by searching foreign—Chineseneighborly relations system. The targets of studying include ancientRoman, German, France, Japan, Swiss and Italy of continental law systemand ocean's law system. The third node is our national rules. That is, ancientchina, the district of Taiwan and our national present law.PartⅡ: The study of the type of neighborly relations. In order to clearthe connection among different categories, the author will type lots ofneighborly relations' rules by type method and establish new type ofneighborly relations. Including: Firstly, the study of type and meaning. Thetype method is a way between the abstract concept and the specific system. We generalize some characters and element that they all be of and let themform the system type that they are not only connect but difference byanalyzing and codifying the specific system. Secondly, the author thinks thatall kinds of theories of the types of neighborly relations should be appraisedin our country at present. The author also considers that there are four kindsof theories: standardizing targets theory, the way of action theory, themethod of adjusting theory and the basis of legislating theory. Thirdly,rebuilding the type of neighborly relations by using the type method. We arewilling to found a new type that it mainly consists of the theory of rulingtarget and the way of action theory assists it.PartⅢ: The legislative idea of neighborly relations and the principle ofsettlement. The legislative idea is the paramount value target in thelegislation process. In this process, we not only insistence the idea of"people-oriented" but also consider to secure and safeguard civil rights.Right of being is the most basic and important civil right. This part mainlyincluding: Firstly, the legislative idea and its de novo. It expounds thehistorical developing and mainly contends of being' s right. Secondly, thebasic principle of settlement of neighborly relations. We analyze the presentbasic principle of our country, and put forward the cooperation principle andthe priority benefit principle in the guiding of being's right. We alsospecifically analyze the reflecting of the notion of securing being's rightamong the conflicts in being benefits, that is, between property benefits andbeing benefits between property benefits by the first part of type discourse.Our object is to illustrate the function of neighborly relations to adjust andnormalize the beneficial conflicts in the building of harmonious society andalso provide a set of rules and concepts to the legislation of neighborlyrelations.PⅣ: the self—criticism of the legislation of neighborly relations. Thenew types of neighborly relations have been formed, depended on the typebuilding of the second part. But how to let this embody and concretize. Italso needs some rules and concepts that are the concept of being's right ofharmonious society. We analyze and criticize the specific rules of the RealLaw and put forward some amending suggestion of our county' s Civil law.