Adjacent To Use In The Neighboring Relationships Between Duty Of Tolerance

What is duty of tolerance? On the basis of MR Feng, through the adjacent relation typed, and the paper is just from this Angle. First state the relationship between adjacent to duty of tolerance, then mainly revolve around duty of tolerance "reasonable limit" analysis. duty of tolerance- "reasonable limit" is divided into reasonable, degree of reasonable and relief of reason is reasonable, the three closely linked and reasonable is one reason to hold the obligation of tolerance "reasonable limit".the starting point, degree of reasonable is to determine the obligation of tolerance "reasonable limit" the core of the degree of reasonable reason, supplemented by the relief on the basis of reasonable is reasonable, the property rights are restricted party the appropriate compensation claim, balanced use of relations in the interests of both parties. In addition to the introduction, the body comprise of four parts.The first part,introduced problem of duty of tolerance.What is the duty of tolerance? Analyze obligation studies, and start with the obligation to the applicable scope of the problem, case of the first,case of the two, makes the different decision based on the duty of tolerance,which is not only convince the parties to the case, also makes the party for duty of tolerance understanding fuzzy, therefore in the judicial practice for the duty of tolerance how can parties exactly have a clear understanding of the duty of tolerance ? In The third case,and fourth case, duty of tolerance should have certain boundaries in the judicial practice, but how can the obligation of tolerance scope exactly? Then Further to explore the problem of duty of tolerance "reasonable limit",the following two cases in the judicial practice should be in accordance with the standard and reasons to use duty of tolerance, reasonable, life common sense, the necessary living, habit and for what reason need to undertake the obligation to tolerate? The seventh Case and the eighth case,tolerance obligation must be used within the "reasonable limit", and how to grasp the obligation of tolerance reasonable scope?The second part, the relationship between adjacent to the duty of tolerance. In order to understand what is the duty of tolerance, to explore the duty of tolerance legal basis, author agree from the perspective of a more narrow duty of tolerance, and the claim should be limited to the adjacent relation in use. "Typing" is a bridge between the concrete specification and abstract concepts. So the author advocated further define the obligation of tolerance through the neighboring relationship "typed". It is not difficult to find such a division which has a strong applicability and practicality. Simplify the complex and diverse adjacent relation in classification, and specify the new legal relation with adjacent inclusive.In the third part, the relationship between adjacent to the obligation of tolerance- "reasonable limit". In essence, the obligation of tolerance in relationship between adjacent to "reasonable limit" is to explore what is around the "reasonable".this needs to see research to determine the boundaries of duty of tolerance, and mastery of the "reasonable" to see and can decide whether the concrete reason is reasonable,and degree of reasonable and relief of reasonable of the further research in three aspects or not. In determine the relationship between adjacent to the other party for a certain behavior, with a reasonable degree of reason and reasonable, on the basis of analysis,the judge should judge whether the other party needs to undertake the obligation to tolerate another party for real estate limited the extent of the damage, if he had been hit by a major damage, to its corresponding compensation claims, a balance needed between adjacent land use and interests of both parties.The fourth part, conclusion. In the court,through the honor final analysis,the party needs to undertake the duty of tolerance which is just because real estate is restricted by a larger loss, and he needs to give the appropriate compensation claim, to balance the interests of both the relationship. As a result, the obligation of tolerance, "reasonable limit" to determine the abuse of discretion can balance the interests of both parties. The decision will has more judicial impartiality, and were also more likely to convince the parties.