Study On Legal Issues Of Invasion Of Immensurable Objects

Immensurable objects refers to those objections invades in adjacent relationship but can not be measured, so the relations caused by invasion of immensurable objects should be regulated by property law. With the rapid progress of urbanization and the density of city buildings, the cases of invasion of immensurable objects happen frequently and should be well settled.However, the90th article of property has some deficiencies so it can not well balance the interests between different parts. This dissertation study on the legal issues of invasion of immensurable objects with the following parts:The first part is the fundamental issues about invasion of immensurable objects, especially the definition, characteristics and legal nature, and maintains that the rule of invasion of immensurable objects should be based on the theory of adjacent relationship. The second part is the rules about invasion of immensurable objects in other countries and regions. This part analyzes the law articles in Germany, France, Japan, Taiwan and the United States. With comparative research, this part maintains that the tolerance obligation and interest balance are worth to learn. The third part is the deficiencies of90th article in property law. This part maintains that there are lost of drawbacks in90th article of property law in legislative ideas, content and technique. And this caused the current regulation of invasion of immensurable objects is too conservative to solve the dispute of invasion-of immensurable objects. The last part studies on how to improve the rules about invasion of immensurable objects in property law and put forwards that some experience on other countries and regions should be absorbed.