Study On The Private Relief Of The Immission

A shift occurring in Roman jurists, is that change from advocate relying on absolute ownership against all external invasion to advocate excluding lawsuit claim on minor immission based on general need to social coexistence,which makes the obligation of tolerating minor immission between the adjacent holders of real estate become visible.Through joint efforts of German`s legal cases and theories,”the German civil code ” formulate the article 906 of immission system on basis of absorbing the quintessence which combing”the theory about adjacent community relations ”with” the theory about right to claim compensation for compromise. The906 article and German ”the federal law of the intangible violation” article 14 commonly constitute the Germans’ immission system,which is known for the hierarchical tolerance obligation system on the adjacent holders of real estate. In addition, the legal cases and theories of France think that the abnormal or excessive violation beyond the usual tolerance of neighbor based on neighboring relationship.To sum up, the core of the immission system is delimiting the scope of tolerance obligation.Meanwhile,through researching legislative and judicial situation on immission system in our country, we know that the article 90 of the property law stipulating immission system appear crude,especially,regarding”state-specified standard” as the sole requirement deciding whether or not the immission come into existence,which is excessively rigid and single. In the tort law,regarding the immission system and environmental tort as a whole consequently restrain the immission function adjusting conflict of interest between adjacent holder of the real estate. Either property right relief pattern or tort relief pattern, the rules about delimiting the scope of tolerance obligation always be the prerequisite for the immission system functioning well.As the core content of the neighboring relations system,the immission system aims at promoting the harmonious neighborhood relations and realizing the utility maximization of content through coordinating the conflict of interest between the holder of real estate. In view of the important role of the immission system in coordinating the conflict of interest,delimiting the scope of tolerance obligation is the key. Based on integrating national legislation in immission system,sum up therelevant consideration about delimiting the scope of tolerance obligation, in addition,analysis and research characteristics of relationship between different types of subjects in the immission,in the end, formulating a logical judgment system about the scope of the tolerance obligation in the immission,expecting provide reference operation to train of thought for the judge in immission cases.