The Interference And Civil Liability Of Neighboring Relationship

The neighboring relationship has been an important civil law system, thedegrades, obstructs of neighboring relationship is our study subjects. On nationallegislation and theory and judicial practice, the nature of the neighboring relationshipdetermine the existence of the dispute, including:"rights and obligations", said thatneighboring relationship is the rights and obligations between the main body of theneighboring relationship; to easement in the form of "statutory Easements said”,such as the French law; the neighboring relationship as to the ownership of thecontent or expansion provisions" ownership restrictions or expansion ", such asGermany and Japan. Due to the nature of the neighboring relationship has a differentunderstanding of cause prejudice to the definition of the nature of the interference ofneighboring relationship is also different. In practice, there are also differentmeanings. China in2007promulgated the "Property Law of the People’s Republic ofChina (hereinafter referred to as" Property Law ") will be neighboring relationshipprejudice to the provisions in the ownership of a chapter, but this rule is still noaccurate statements neighboring to interfere with the nature of relations, whichinterfere with the neighboring relationship standard, and how to phase in the existinglegal system in China the neighbor relationship interfere with this system iscoordinated with other legal systems applicable to have a significant impact.The first informal requirements of the neighboring relationship in the GeneralPrinciples of the Civil Law of the People’s Republic of China (hereinafter referred toas the "Civil Law") Article83, which is just to deal with t the interference ofneighboring relationship with the principle as well as several important theinterference of neighboring relationship with the type specified, too principle andabstract. Although the Opinions of the Supreme People’s Court on Several Issuesconcerning the Implementation of the General Principles of the Civil Law of thePeople’s Republic of China (For Trial Implementation)"(hereinafter referred to as"the General Principles of the Civil Law ")Article97to Article103neighboring to the specific type of relationship do relatively detailed provisions, but the interference ofneighboring relationship with standard did not make specific provisions forneighboring relationship hinder infringement relations, neighboring relationshiphinder the relationship with prejudice to the claim of the right object, as well as the"Civil Law" Article83and Article92of the Property Law provisions "to stopinfringement, eliminate the obstruction and compensate for the loss whether the civilliability of the nature of tort liability, the claim of the right neighboring relationshinder unique type of accountability are not clearly defined and theoretical writings,these issues require detailed study.I attempt by foreign legislation, as well as theories, a summary of the domesticjudicial precedents, starting from the nature of the interference of neighboringrelationship, the nature of the relationship between hindrance adjacent minimum isdefined as the capability restrictions on the ownership (or expansion)breakthrough,and as the logical starting point of the French Civil Code, the provisions of theJapanese Civil Code and the German Civil Code neighboring relationship hinderstandard and the national judicial practice, the point of view of the theoretical studyof the problem are discussed, comparative analysis of neighboring relationshipprejudice to the provisions of the standard and the legal status quo, reconstruction ofthe interference of neighboring relationship with the standard, that the total generalrule-minimum tolerance obligation under the law, and summed up in the theory andpractice considerations for the limit; followed by the neighboring relationshipimpede violations and as a claim of the right object hinder comparison, analysis ofthe difference between these types of system and competing situation; Finally,relative the interference of neighboring relationship with the system, summed up thenature of the prejudice to the civil liability assumed constitute neighboringrelationship and disturbed people can be selected in the interference of neighboringrelationship impede the way of accountability, and focus "compensation fordamages" in the way of civil liability analysis, in the course of the study, the authorfound in the neighboring relations disputes judicial practice, the judge handling ofthe case, for compensation for losses applicable is very cautious, so, the author of thecauses of the analysis, finally put forward a sound advice to compensate for the losses of the civil liability in neighboring relations disputes really play its propervalue.