The Duty Of Tolerance

The most important issue in private law is the realization of rights and the product of rights the solving of conflict between the rights of particular is especially important. The tolerance obligation is aiming to provide a good platform to understanding and analyzing of the structure of power. How to regulate tolerance obligations, in fact, embodies the culture and wisdom and of a society'civilization. However, such a community relation style, the legal experts of the research is limited, systematic, comprehensive, in-depth study is one of the few. Tolerance obligation is would have been entitled to oppose or challenge, but in certain circumstances a non-owed obligations of objection or dissent. In other words, tolerance, is a human rights obligations should be binding or succumb to the enjoyment of rights based on the interests of its damage, of course, such damage should be controlled within reasonable limits. The legal basis of tolerance obligations is: good faith is the basic principle; make the best use is the guiding ideology; the balance of interests is the basic method; to maintain the normal society order is the ultimate. The tolerance obligation lacks of specifications, is uncertainty, it can not achieve both parties'state. This can not meet the tolerance requirements of the normative obligations, but also bring a lot of practical operating problems. Therefore, it is necessary to tolerate the statutory obligations.Prohibition of the abuse of rights and abide reasonable damage is the two most basic obligation of configuration standards. The prohibition of abuse of rights is the basic to configure obligation of tolerance, at the same time, tolerate the damage is limited to a reasonable tolerance. Our country mainly from the following types to provision tolerance obligations: Neighborhood and Property in the obligation of tolerance, tolerance of the contract obligations, intellectual property obligations of tolerance, tolerance of violations of obligations. The reasonable limits of tolerance within the obligations, rights obligations in violation of tolerance, the behavior is illegal, should bear corresponding civil liability. The perpetrator can claim to exercise tolerance obligations, requiring the right to stop the damage or liability. Beyond the reasonable limits of tolerance obligations, the right holder have no obligation to continue to tolerate the perpetrator to the rights against the rights belongs to the abuse of power; this is not a breach of the obligation of tolerance issues. Breach of obligation should be tolerant to the principle of fault liability as part of its responsibility principle, for the following reasons: the essence of tolerance determines the obligations of fault behavior, fault tolerance is a violation of an essential element of duty, also applies the principle of fault liability attributable to its more favorable judicial fairness and justice. Finally, given the obligation of tolerance in their daily production and life of the complexity of the law it is necessary to make it clear. In specific legislations, should adopt the total mode that is identifies tolerance obligations in the Civil Code, put the details in the and the details in separate department law...