Neighboring Rights To Exercise Restrictions

Neighboring right in the property law is undoubtedly an important system. Since Roman law has received much attention all the neighboring right system of legal regulation, from the detailed provisions set on can see that. This paper describes the exercise of the neighboring right in real property should be subject to restrictions, the use of the comparative analysis, economic analysis and other methods to limit the exercise of the countries neighboring right system in-depth study to relevant aspects of legislation in our country development and improvement to provide some reference to the parties to better regulate the behavior of neighboring and more effectively protect the legitimate rights and interests of real property.This article is divided into four parts:The first part describes the meaning of the neighboring right, on the meaning defined in the exercise of reflection and the Adjacent restrictions in the history of evolution. Legal concepts is an essential element of legal ideology, the history of civilization in the law, the legal concept of a complete system of scientific and extent of the law an important symbol of civilization developed one of degree. Therefore, the article first concept of the Adjacent expression analysis, in the consolidated results of the analysis based on the redefinition of the neighboring right to do for the next exercise restrictions on the neighboring right basis for the study; by States on the adjacent restrictions on the historical right of inspection,Specific provisions for the neighboring right to provide some restrictions on the sort of macro.The second part of the neighboring right basis for the exercise of limited value. Restrictions on the fair value of the neighboring right order of value analysis to show that the limit value of the neighboring right meaning. Which the fair value of real property from the restrictions of freedom and the perspective of equity to start, and the neighboring right is the freedom and property rights in real property to strike a balance between restrictions to the exercise of property rights to real property restrictions; order value is to use economic Analysis of neighboring right limit order depth analysis of significance.The third part is the limitation of the neighboring right to exercise the specific forms of comparison. Specific forms of restrictions, including the neighboring right immission, the necessary right of way, cross-border construction, cross-border roots branch and so on, the relevant provisions of different countries. The most noticeable is the representative of Germany as the amount of material non-invasive system and compared the French system of neighboring prejudice, by the difference comparison, listing the advantages and disadvantages of all parties to object to the amount of China's non-invasive system Improvement helpful.The fourth part of the article is the limitation of our neighboring right to exercise the system design. China's limits on the neighboring right there are still many shortcomings in the analysis of national needs on the basis of the relevant provisions, can be found by reference to China's absorption of office.