The Petition Right On Removel Of Interference On Real Property Law

After much effort, China’s Property Law Experienced for more than ten years after the drafting process, the 8 legislation deliberation record, finally in 2007 approved and implemented. Property Law of People’s Republic of China Article 35 provides that, "When some one want to prejudice real rights, or be want to prejudice the real rights,the real people can request him to remove the obstacles or remove the danger." This article from the German civil code, directly, clearly defined the claim for removal of interference.Claim for removal of interference in nature is the "right of claim",has the effectiveness of real right. Although the law to make the relevant provisions on the claim for removal of interference, it can be said is a big progress, but it’s composition not clearly defined. Objectively speaking, the claim for removal of interference request right continuous; On the legal effect, the petition right on removal of interference effect is strictly limited in eliminating the interference source. Claim for removal of interference should be illegal elements, but illegal here should be the result of illegal. At the request of a neighbor, it must prove prejudice has exceeded the limits of tolerance can be considered illegal, if in the range tolerable have ruled illegal nuisance.In a sense, the obligation of tolerance is the expression of negative illegality. Claim for removal of interference strengthened protection of real right,it improve the protection system of property rights, maintaining the order of social property, this system in legislation and the application still needs further development and improvement. On the legislative level, Property Law should be more explicitly excluded from the concept of prejudice claims, the claim for removal of interference is the way of property rights protection. It neither property, nor creditors, is an independent claims, so limitation does not be apply.The first chapter is the study of disrupt exclude claim basis, the concept of claim from the carding property entry, through the study of comparative law to explore the historical development of the right to request the removal of obstacles, the removal of interference system of the right of claim of evolution, disrupt exclude claim the connotation and nature. The second chapter inspects disrupt exclude claim about the constitutive requirements and legal effect. The third chapter from the Chinese and foreign legislation model to discuss the question of limitation or exclusion of claim. The fourth chapter discusses the relationship between disrupt exclude claim and other similar rights, clarify the relation between, in order to better in the judicial practice to be accurately applied. The fifth chapter analyzes our country to disrupt exclude claim the status of legislation, and proposes how to perfect disrupt exclude claim system model. The concepts presented in the General after the sub in its constituent elements, the statute of limitations, the main claim, cost-sharing and other parts to make specific provisions, with the development of society, and obstruction of the body should be expanded to exclude adapt his property people. In judicial practice, to distinguish between similar concepts. "illegal " is its principle.,safeguard the legitimate property rights of the parties, reflecting the protection of rights, and to make reasonable charges excluded prejudice allocation.Based on the above, this article from the history of the claim for removal, the components of the analysis, to clarify its comparison with other similar syste m, using the method of historical analysis, comparative analysis and case study on the interpretation of the system, and the legislation put forward their suggestio ns, in order to further understand the claim for removal of interference fit is bett er, in the judicial practice.