The Petition Right On Removel Of Interference On Real Property Law

The petition right on removal of interference,the property is in a satisfactory stateof the property occupied by methods other than prejudice, the prejudice people hadthe right to request its removal. This concept is clean in the field of law in ourcountry,However, Scholars have controversial ideas whether it should be provided incivil law. We can see the petition right on removal of interference was provided in thedraft civil code, but it disappeared in General Principles of The Civil Law of ThePeople’s Republic of China. The words of “Removal of Obstacles”only be found in“Neighboring relationship”and”Methods of Bearing Civil Liability”. It is not enoughto protect real right. The Real Right Law of the People’s Republic of China whichwas hereby promulgated for effect as of October1,2007makes up the lack ofprotection. It clearly provides the petition right on removal of interference. Thisprovision is not only conformed to international practices, but also can meet thedemand of justice practice in our country.“The Real Right Law of the People’s Republic of China”, while Article35provides the petition right on removal of interference, but it does not definite theconstitutive elements of the petition right on removal of interference. So people havedifficulty in using this article to peotect their right.Generally, the constitutive elements of the petition right on removal of interference are petitioner, obstruction and tortfeasor. Clearly the petition right onremoval of interference elements, and it is great significance in practice. The thesisanalyzes the commom law system of private nuisance elements that constitute anunreasonable prejudice. The irrationality of prejudice is a very complex issue. Weshould be considered highly sensitive and property prejudice to the location factors,the time factor,and prejudice duration and so on. Then, the thesis analyzes Germanpetition right on removal of intereference elements that thesis analyzes Germanpetition right on removal of interference elements that the wrongfulness of prejudice.In German law,the petition right on removal of interference request that prejudiceagainst the law. The wrongfulness of prejudice request that public law aspect analyzesowners tolerance obligations,and focuses on tolerance in the relations between theneighboring obligations. Finally, the thesis has acomparative analysis to two cases ofthe Legislative, and gives China’s Property Law andconstituting elements of theperfect put forward suggestions.The petition right on removal of interference has the function to protect real rightin commom with the petition right on returning of the original object, the petitionright on terminating of the danger and Adjacent relation system. Sometimes, it isdifficult to distinguish them in practice. Especilly, from the cases which happened inour daily life, we can found not only common person can not fully understand thedistinctions of them, but also some judges make mistakes when they apply the law. Sothesis analysis their similarities and differences in order to reduce the mistake.Based on the above, the thesis illustrate the development of the petition right onremoval of interference, the constitutive elements of the petition right on removal ofinterference and the relationship between this and others rights of protecting real right.From using the comparison analysis, historical analysis and case study researchmethods, the author hopes to let every one underknow the petition right on removal ofinterference and this thesis will be benefiting the Chinese legislature in the end.